ICE OUT Act

This bill, known as the ICE OUT Act , aims to significantly reform qualified immunity standards for law enforcement officers and agents of U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). It amends 42 U.S.C. 1983 to specifically address civil actions brought against these federal agents, limiting their ability to claim qualified immunity. Under the proposed changes, an immunity defense would be unavailable if the alleged facts constitute excessive force in violation of the Fourth Amendment. For all other claims, an immunity defense would only be granted if the defendant acted in a manner consistent with rights, privileges, or immunities that were clearly established by the Constitution and laws at the time of the conduct. The bill also mandates that courts must first determine whether a constitutional violation occurred before assessing whether those rights were clearly established, altering the judicial review process for qualified immunity claims against these specific federal agencies.