This article is about ICE and CBP misconduct lawsuits. Everyday in the United States, Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents commit misconduct while ostensibly enforcing the country’s immigration laws and orders. Fortunately, when this happens, individuals can file lawsuits against the federal government under the Federal Tort Claims Act (FTCA). And, if successful in proving liability, recover money damages.
Under the FTCA, individuals may hold the federal government liable for misconduct by immigration agents. Liability may arise when an agent acts with actual or deliberate intent to harm. In addition, the conduct must be the type for which a private person would be liable under the law of the state where it occurred.
For incidents that occur in Illinois, Illinois law controls. For example, if an agent restrains an individual against their will and without probable cause, the individual may have a claim for false imprisonment. If an agent touches an individual in a way that would offend a reasonable person’s sense of dignity, the individual may have a battery claim. And if an agent enters upon an individual’s property without legal authority, the individual may have a trespass claim.
Immigration agents are continuously causing injuries to people living in this country. Forcing the federal government to pay money damages for their actions is one way to fight back. This is a country of laws. Therefore, we must hold it accountable when its actors act lawlessly.
This article about ICE and CBP misconduct lawsuits is for informational purposes only and does not constitute legal advice. If you or someone you know has been subjected to misconduct by ICE or CBP agents, contact Sadelski Law. We represent individuals harmed by unlawful government and police conduct. We can evaluate whether an ICE or CBP misconduct lawsuit is appropriate. You may reach us by calling (312) 625-6564, by using the chat feature, or by filling out our contact form.