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States test limits of ICE, CBP agent immunity

States test limits of ICE, CBP agent immunity

Summary

Some states are testing ways to hold federal agents, like those from ICE and CBP, accountable for their actions, despite these agents having legal protections from lawsuits. The Trump administration claims federal agents have "absolute immunity" from state-led legal actions, which has led to different states trying various legal strategies to challenge this idea.

Key Facts

  • Federal agents usually have immunity from lawsuits, unlike state and local officials.
  • President Trump's administration argues that federal agents have complete immunity from state-level prosecutions.
  • A 1971 Supreme Court decision limited people's ability to sue federal agents.
  • In 2022, it was decided that Congress must authorize lawsuits against federal agents, but they have not done so.
  • Illinois has passed a law allowing people to sue federal agents for civil rights violations during immigration enforcement.
  • California's Senate approved a bill similar to Illinois', which needs further approval to become law.
  • Several other states are considering similar laws to allow lawsuits against federal agents.
  • A group called Fight Against Federal Overreach aims to hold federal agents accountable when they overstep their authority.

Source Information