Citizens arrested or detained without a warrant or probable cause could sue in federal court, while the bill would permanently cancel certain uncommitted enforcement funds.
Citizens arrested or detained without a warrant or probable cause could sue the officer and the United States. A court that rules for the citizen must award damages, legal fees, and any suitable court orders.
The bill would cancel any uncommitted funds provided for immigration enforcement under a specified 2025 law.
A qualifying citizen may sue the officer and the United States in federal district court. This applies to a U.S. citizen arrested or detained by an immigration officer or an officer enforcing immigration laws, including under a specified federal-state agreement, without a warrant or probable cause. The court must find in the citizen’s favor before awarding relief. The United States waives its immunity from these lawsuits, and officers may not use absolute or qualified immunity as a defense. The arrest or detention must happen on or after January 20, 2025. A lawsuit must be filed within five years after the claim arises.
The bill would cancel unobligated funds provided by a named 2025 law. The cancellation covers funds made available by section 100052 of the named reconciliation law, Public Law 119–21. Only funds that have not already been committed would be canceled. The cancellation would be permanent.
No hearings or votes scheduled.