U.S. citizens wrongfully arrested or detained during immigration enforcement could receive $500,000 in damages, plus $100,000 for each additional day held, under legislation introduced by Rep. Teresa Leger Fernández that would also remove key immunity defenses for officers facing those claims.
The New Mexico Democrat introduced the Justice for Citizens Wrongfully Detained by ICE Act on October 15. The proposal, H.R. 10826, remains before the House Judiciary Committee and would require congressional approval before anyone could seek compensation under its provisions.
"ICE does not get to trample on your rights and walk away without consequence," Leger Fernández said in announcing the measure.
The legislation follows a ProPublica investigation documenting the reported detention of 506 U.S. citizens by immigration agents between January 2025 and September 2026. That tally does not establish that every detention was unlawful or that everyone identified would qualify for the proposed damages.
Under the bill, citizens could bring claims in federal district court against immigration officers, other officers enforcing immigration law and the federal government. Its coverage would extend to certain enforcement operations involving local officers working under federal immigration agreements.
The proposal applies to arrests or detentions made without a warrant or without probable cause on or after January 20, 2025. Eligibility would depend on a court's assessment of the circumstances rather than citizenship alone.
Judges ruling for eligible plaintiffs would be required to award the specified damages. The additional $100,000 would apply to each day of detention after the initial day of arrest or detention; the text does not describe the calculation as successive 24-hour periods.
Being questioned by an immigration officer would not automatically trigger compensation. Courts would need to determine whether an encounter constituted an arrest or detention covered by the legislation.
The bill would give claimants five years from the accrual of their cause of action to sue. Courts could award reasonable attorney fees and costs, as well as appropriate injunctive or declaratory relief, with damages payable in addition to amounts recoverable under other laws.
Another central provision addresses barriers to suing government officials. Officers could not assert absolute or qualified immunity in covered cases, and the federal government would waive sovereign immunity for those claims. Those changes would not eliminate the defenses in unrelated litigation.
Among the cases ProPublica examined was that of Brian Morales Garcia, who said Texas officers rejected his claim to U.S. citizenship, detained him for four days and deported him to Mexico. He subsequently returned using his birth certificate after filing a lawsuit.
Federal officials had disputed his citizenship in earlier court filings, according to ProPublica. His eligibility under the proposed legislation has not been established.
Asked about the bill, the Department of Homeland Security defended its operations as "highly targeted," ProPublica reported October 19. The department denies that its agents are arresting U.S. citizens.
Supporters include the League of United Latin American Citizens and the Center for Law and Social Policy. Rep. Bonnie Watson Coleman, a New Jersey Democrat, joined as the original co-sponsor.
