Democrats revisit bill to allow Americans to sue ICE, Justice Department for constitutional violations

WASHINGTON (CN) — A group of House Democrats is taking another run at amending federal law to allow Americans to receive damages from government agencies and officials that violate their constitutional rights.

And while the proposed measure was last offered during the Biden administration, its sponsors say the bill is especially timely as President Donald Trump expands his federal immigration and crime crackdown in cities across the U.S.

Georgia Representative Hank Johnson and Maryland Representative Jamie Raskin on Wednesday reintroduced the Bivens Act, a measure that if made law would amend a Civil War-era law to permit constitutional rights lawsuits against federal agencies. As written, the statute only applies to local and state authorities.

The Supreme Court has offered limited recourse for people whose constitutional rights were violated by federal officials via the high court’s Bivens doctrine, which stems from the 1971 case Bivens v. Six Unknown Named Agents.  But the ability to sue the government for such violations is not currently codified in law.

“We are reminded every day that when federal agencies trample constitutional rights, Americans are too often left without any meaningful remedy or path to justice,” Raskin, the top Democrat on the House Judiciary Committee, said in a statement. “This bill would restore the basic promise that no federal officer is above the Constitution and no person whose rights have been violated is beneath its protection.”

The Democrats last introduced their measure, dubbed the Bivens Act, in 2024. But they pointed out Wednesday that the Trump administration’s federal law enforcement surge created an urgent need for reform.

“Under this lawless administration, federal officials are using excessive force and violating constitutional rights in our streets with impunity,” said Johnson. “If federal officials violate the Constitution, they should be held to the same standard as state and local officials, full stop.”

Rhode Island Senator Sheldon Whitehouse, the bill’s Senate sponsor, argued that the Supreme Court’s “confusing” precedent prevented victims from seeking accountability from federal officials who violate their constitutional rights.

“Our Bivens bill would reopen the courthouse doors to these victims and encourage more responsible conduct by federal officials,” he added.

At the direction of President Donald Trump, federal officials in recent months have descended on a handful of U.S. cities in a campaign to address what the White House has said is out-of-control crime and illegal immigration. The administration has sent Homeland Security Department agents and even the National Guard to Los Angeles, Washington, Chicago, Portland and Memphis.

The federal surge has resulted in a cascade of images and video of agents employing aggressive tactics against protesters, such as deploying tear gas, pepper spray and rubber bullets. Agents have repeatedly been seen muzzling firearms at bystanders and on several occasions have been filmed shooting unarmed demonstrators — including some members of the clergy — with pepper ball rounds.

The conduct of federal agents has already resulted in legal action. A federal judge in Chicago last month ordered U.S. Border Patrol Commander Greg Bovino stop using tear gas and other riot control weapons on protesters and members of the media. Bovino was later accused of violating that order after images emerged of the Boder Patrol chief himself lobbing a tear gas canister during a protest.

Those episodes illustrate the need for a legal avenue for Americans to seek accountability from the federal government, the group of Democrats said Wednesday.

“At a moment when ICE’s constitutional abuses have shaken communities across the country, this legislation is more urgently needed than ever,” said Raskin.

Johnson, Raskin and Whitehouse have offered the Bivens Act for years, as far back as 2020. Last year’s iteration of the measure was referred to the House Judiciary Committee but never received a vote.

Meanwhile, White House border czar Tom Homan said Tuesday that New York City is the administration’s next target for increased immigration enforcement. Federal agents are already operating in New York — ICE in October conducted a high-profile raid on Canal Street vendors in the city’s Chinatown neighborhood, making nine arrests.

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