What Happens If ICE Makes an Unlawful Detention? New Bill in the US
The bill presented to the U.S. Congress provides for $500,000 in compensation for citizens unlawfully detained and $100,000 for each subsequent day.
A new bill aimed at protecting the rights of U.S. citizens unlawfully detained by the U.S. Immigration and Customs Enforcement (ICE) or other officers enforcing immigration laws was presented to the House of Representatives. The bill, introduced on 15 October 2026 by Democratic Congresswoman Teresa Leger Fernández, seeks to grant eligible citizens the right to sue the federal government and responsible officials.
500,000 Dollars for the First Day, Additional Compensation for Subsequent Days
According to the regulation presented under the name Justice for Citizens Wrongfully Detained by ICE Act, a compensation of 500,000 dollars is foreseen for winning plaintiffs. If the detention exceeds the first day, an additional 100,000 dollars per subsequent day is planned. The bill also includes coverage of reasonable attorney fees and litigation costs.
Events After 20 January 2025 Also Covered
The bill could cover claims against U.S. citizens detained without a warrant or reasonable suspicion after 20 January 2025. The regulation provides a five‑year statute of limitations for filing a lawsuit. In successful cases, courts may issue additional legal protection orders if deemed appropriate.
Officials' Immunity Defense Will Be Limited
The proposal aims to prevent defendants' officials from evading liability based on absolute or qualified immunity provisions. It also foresees a waiver of the federal government's sovereign immunity. Thus, it seeks to enable citizens who meet the specified conditions to file lawsuits in federal courts against both the relevant officials and the U.S. government.
The bill has not yet become law.
The amendment presented to the House of Representatives under number H.R. 10826 is still in the early stages of the legislative process. The proposal must complete the necessary legislative steps before it can take effect. Therefore, the specified compensation amounts are, at this stage, not a general right to payment that is currently in force, but rather proposals contained in the bill.
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