H.R. 10826 – Justice for Citizens Wrongfully Detained by ICE Act

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Updated October 16, 2026 at 8:24 AM UTC

The Justice for Citizens Wrongfully Detained by ICE Act lets U.S. citizens sue immigration or law‑enforcement officers who arrest or detain them without a warrant or probable cause. It creates a private right of action against the individual officer and the federal government, allowing victims to seek monetary damages and other relief. The law applies to incidents that occurred on or after Jan. 20, 2025 and removes any immunity defenses for the officers involved.

Key Provisions

A citizen can file a civil lawsuit in federal court against an immigration officer or a law‑enforcement officer enforcing immigration laws, and against the United States, if detained without a warrant or probable cause.
If the court rules for the plaintiff, it must award $500,000 plus $100,000 for each day the person was detained after the arrest, reasonable attorney’s fees, and any appropriate injunctive or declaratory relief.
The lawsuit must be filed within five years of the detention; officers cannot claim absolute or qualified immunity, and the United States waives sovereign immunity for these actions.
The damages awarded are in addition to any other compensation the plaintiff may be entitled to under other laws.
The Act also permanently rescinds certain unobligated immigration‑enforcement funding previously authorized.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

October 15, 2026

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HouseIntro Referral

Introduced in House

October 15, 2026

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

October 15, 2026

Bill Text

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Introduced in HouseIssued October 15, 2026

I

119th CONGRESS

2d Session

H. R. 10826

IN THE HOUSE OF REPRESENTATIVES

October 15, 2026

Ms. Leger Fernandez (for herself and Mrs. Watson Coleman) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To establish a private right of action for citizens of the United States who are arrested or detained by immigration officers or law enforcement officers enforcing the immigration laws without a warrant or probable cause, and for other purposes.

1.

Short title

This Act may be cited as the Justice for Citizens Wrongfully Detained by ICE Act.

2.

Findings

Congress finds as follows:

(1)

Under the Trump administration, United States citizens have been wrongfully stopped, arrested, and detained by immigration officers and law enforcement officers enforcing the immigration laws.

(2)

Wrongfully arrested and detained individuals are often stopped based on racial profiling and in violation of the First and Fourth Amendments to the United States Constitution.

(3)

Immigration officers and law enforcement officers enforcing the immigration laws do not have immunity from violating the Constitution, including the First and Fourth Amendments, when making stops, arrests, and detentions.

(4)

United States citizens who have been wrongfully arrested and detained deserve justice and compensation.

3.

Private right of action

(a)

In general

A citizen of the United States who is arrested or detained by an immigration officer or by a law enforcement officer enforcing the immigration laws (including pursuant to an agreement under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g))) without a warrant or without probable cause on or after January 20, 2025, may bring an action in an appropriate district court of the United States against such officer and against the United States for relief described in subsection (b).

(b)

Relief

In an action under subsection (a) in which the court finds in favor of the plaintiff, the court shall award the plaintiff—

(1)

damages in the amount of—

(A)

$500,000; plus

(B)

$100,000 for each day the individual was detained after the day on which the individual was arrested or detained;

(2)

reasonable attorney’s fees and costs; and

(3)

such injunctive or declaratory relief as may be appropriate.

(c)

Limitations and immunity

(1)

Period of limitations

A civil action under this section may not be commenced later than 5 years after the cause of action accrues.

(2)

No immunity defense

No immigration officer or law enforcement officer enforcing the immigration laws shall be entitled to assert any form of absolute or qualified immunity as a defense to liability under this Act.

(3)

Waiver of sovereign immunity

The United States expressly waives sovereign immunity with respect to actions under this section.

(d)

No limitation on other claims

Any award under subsection (b) shall be in addition to any other amount the plaintiff has the right to receive under any other provision of law.

(e)

Definitions

In this section, the terms immigration officer and immigration laws have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

4.

Rescission of certain immigration enforcement funds

There is permanently rescinded the unobligated balances of amounts made available by section 100052 of the Act titled An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14 (Public Law 119–21).