Section 1 Short title
This Act may be cited as the “ICE OUT Act”.
ICE OUT Act
A BILL
To reform qualified immunity standards for officers and agents of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection engaged in law enforcement activities, and for other purposes.
Sec. 2 Reforming qualified immunity standards for ICE agents engaged in law enforcement activities
Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended—
by inserting “(a)” before “Every person”;
by inserting “of the United States or” before “of any State”; and
by adding at the end the following:
“(b) In the case of any action brought under this section or any other Federal law against an officer or agent of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection engaged in law enforcement—
“(1) no immunity defense shall be available if the facts alleged by the plaintiff would constitute excessive force in violation of the 4th amendment; and
“(2) in all other cases, an immunity defense shall only be available if the defendant acted in a manner consistent with rights, privileges, or immunities secured by the Constitution and laws clearly established at the time at which the conduct subject to the cause of action occurred.
“(c) In determining when immunity shall apply under subsection (b)(2), a court must first determine whether the facts alleged would constitute a violation of the rights, privileges, or immunities secured by the Constitution prior to determining whether any such rights were clearly established at the time at which the conduct subject to the cause of action occurred.”