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

This section finds that United States citizens have been wrongfully stopped, arrested, and detained by immigration officers enforcing the immigration laws under the Trump administration, often based on racial profiling and in violation of the First and Fourth Amendments. It states that such officers lack immunity from constitutional violations when making stops, arrests, and detentions, and that affected citizens deserve justice and compensation.

This section establishes a private right of action permitting U.S. citizens arrested or detained without a warrant or probable cause by immigration officers or law enforcement enforcing immigration laws on or after January 20, 2025, to sue the officers and the United States. Successful plaintiffs receive $500,000 plus $100,000 for each additional day of detention, reasonable attorney’s fees and costs, and injunctive or declaratory relief. It imposes a 5-year statute of limitations, bars immunity defenses, and waives sovereign immunity.

This section permanently rescinds the unobligated balances of amounts made available by section 100052 of the reconciliation act (Public Law 119–21) for immigration enforcement.