Summary

Changes federal qualified-immunity rules for officers and agents of U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) when they are carrying out law-enforcement activities. It bars any immunity defense for alleged Fourth Amendment excessive-force claims, narrows immunity for other constitutional or statutory claims to situations where the right was clearly established at the time, and requires courts to decide whether a constitutional or statutory violation occurred before asking whether the right was clearly established. The change takes effect on enactment.

Key Points

• Targets qualified-immunity defenses for ICE and CBP officers and agents during law-enforcement activities.
• Bars immunity defenses entirely for alleged Fourth Amendment excessive-force claims based on the plaintiff's alleged facts.
• Narrows immunity for other claims to situations where the right was clearly established at the time of the conduct.
• Mandates courts decide whether a constitutional or statutory violation occurred before addressing whether the right was clearly established.
• Takes effect upon enactment and applies specifically to ICE and CBP personnel engaged in law enforcement.
• Likely increases the number of cases reaching merits determinations and raises potential liability and settlement risk for the federal government.
• Does not include funding or create new programs; it changes legal defenses and court procedures in civil suits.

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