Can Civilians Sue ICE Agents?
The road to holding federal agents accountable for injuries and civil violations is complex. Immunity and other protections often come into play, changing the course of accountability and also creating legal hurdles that civilians may find themselves too overwhelmed to challenge. While civilians can sue the federal government after constitutional rights are violated, loopholes and other factors can impact lawsuits.
However, new legislation that has passed the first round in the Senate and is now moving to the Assembly could make it easier to hold ICE agents, border patrol agents, and other federal agents accountable by civilians in personal injury claims. Keep reading to learn more about current ICE lawsuits, how SB 747 could change the standard for personal injury lawsuits against federal agents, and why ICE injury attorneys in California can help bring a claim forward.
Why Are Federal Agents Getting Sued?
In the last year or so, federal agents, with an emphasis on agents working for the Immigration and Customs Enforcement (ICE) agency, have committed unconstitutional acts of seizures, use of excessive force, racial profiling, and even acts deemed as retaliation against protesting or witness bystanders in raids and other similar events. These incidents have affected civilians throughout the country, regardless of citizenship status.
According to an analysis published by the Deportation Data Project:
- ICE arrests in the country have quadrupled
- The number of ICE street arrests has gone up by 11 times.
- Many of these arrests and often violent interactions with ICE agents are imposed upon civilians with no criminal convictions, as it has been recorded that more than 73% of ICE detainees have no criminal convictions
ICE Interactions Most Noted in the Media
With a surge of ICE activity throughout the country, there have been pushbacks from a multitude of civilians. While many ICE interactions may go unreported, some have been recorded or witnessed by other bystanders and gone viral on media outlets. Some of the most recent and notable events surrounding ICE agents include:
- 6 deaths in ICE detention centers through throughout January 2026, with one death occurring in a detention center in Calexico, California
- The fatal shooting of U.S. citizen Alex Pretti during a protest on January 24th by an ICE agent in Minneapolis
- The fatal shooting of U.S. citizen Renee Good by an ICE agent in Minneapolis on January 7th
- The fatal shooting of Mexican immigrant Silverio Villegas González by ICE agents during a traffic stop in Chicago on September 12th, 2025
- The fatal shooting of U.S. citizen Ruben Ray Martinez in Texas on March 15, 2025, during an ICE traffic stop
There have also been many accounts of federal ICE agents using unconstitutional methods to lure civilians out of their homes, such as the notorious incident in January 2026 in Minnesota, where ICE agents used 5-year-old Liam Conejo Ramos to get his family members out of the family house for detainment.
Abuse suffered in detention camps, acts of retaliation against protesters and bystanders, unlawful searches and seizures, and acts of excessive brutality are some of the main reasons why civilians and their families want accountability for federal agents.
How Do ICE Agent Lawsuits Work Currently?
When a civilian attempts to file a lawsuit against an ICE agent, the lawsuit is often against the federal government. Currently, ICE agent lawsuits are conducted as:
- Going under the Federal Tort Claims Act, where a person can hold the federal government accountable for reimbursement in the case of injuries or property damage.
- According to the official ICE agency website, you may complete their Standard Form 95 regarding damage to property, personal injury, or death or send written notification of the claim with the proper documentation
- It can take up to 6 months for ICE to provide a response to the claim
Holding individual ICE agents accountable is not impossible, but does come with significant obstacles, such as qualified immunity, which is a legal doctrine that protects public officials if they were considered acting in a reasonable but mistaken way.
A spokesperson for the ICE agency stated that by the end of September 2025, there were about 400 tort claims against the agency. However, it is safe to say that this number has surely increased with the reported (and unreported) incidents since then.
What is SB 747?
As more tort claims against ICE rise, new legislation is being brought forth to answer the call of civilians and their families to hold federal agents responsible past the doctrine of qualified immunity and any further loopholes that could impede liability. This is where SB 747, also referred to as the No Kings Act, comes into play.
California Senate Bill 747 is a state-official legislation that would create an easier legal pathway for civilians to sue ICE agents, border patrol officers, and other federal agents for constitutional violations. This bill was introduced by Democratic Senator Scott Weiner from San Francisco, who argues that federal agents should be held accountable for their actions as much as state or local officials would be.
What is the State of the No Kings Act Right Now?
On January 27, 2026, SB 747 received a passing vote through the state Senate. The bill has now moved forward to be heard at the State Assembly.
Frequently Asked Questions
Can ICE Stop Anyone on the Street?
Yes, ICE agents do have the right to stop and question individuals who they reasonably believe may be in the country illegally. However, reasonable suspicion does not rely on race or ethnicity alone. When it comes to ICE traffic stops, ICE agents cannot just stop individuals for traffic violations as a reason to investigate any matters of federal violations.
What Are My Rights If I’m Stopped by an ICE Agent?
If you are stopped by an ICE agent on the street, while at work, or even at your home, know your rights. Civilians, regardless of immigration status, are protected under the constitution from unreasonable searches or seizures and owed a right to due process by living in the country.
What If My Loved One Died During an ICE Interaction?
If your loved one died during an ICE interaction in California, talk to a BD&J attorney about filing a wrongful death claim. While financial compensation can’t fill the space your loved one has left, it can make their story heard and bring about some accountability.
Can I File a Lawsuit for the Conditions I Lived Through in an ICE Detention Center?
Yes. If you or a loved one suffered physical, emotional, or sexual abuse while in ICE detention, had food, water, and other basic necessities withheld, were denied medical treatment, and other similar events, talk to an ICE injury attorney in California today.
What Kind of Evidence Do I Need for My Claim?
Some of the evidence to support your ICE injury claim could include photos or videos of the incident and injuries, medical documentation of injuries and treatments needed, eyewitness accounts from other bystanders who saw the events unfold, and any official incident reports.
What Can an ICE Injury Attorney in California from BD&J Do for My Claim?
After dealing with an aggressive ICE agent or agents, you may be left with painful injuries, a mountain of expenses, and the emotional trauma of the event. An ICE injury attorney can take on filing a claim on your behalf, collecting evidence, interviewing witnesses, negotiating a fair settlement, and handling all communications on your behalf.
How Much Does It Cost to Work with BD&J?
At BD&J, we know that navigating personal injury claims can be overwhelming and exhausting, so we do our part to ensure that clients don’t feel additional pressure over the cost of working with our attorneys. We work on a contingency basis, which means that all case costs are advanced to clients, and the final attorney fees are collected from the compensation amount after a case settles. This means relief for clients, and no fees until we win*.
How To Navigate a Home Visit by an ICE Agent
No one expects federal agents to show up to their home out of the blue, but in the current climate, ICE agent visits are happening with an increased frequency. Handle a home visit with an ICE agent by:
- Remaining calm and keeping your door closed. – You may feel panic and fear at the sight of an ICE agent outside your door, but the key is to remain calm and poised. You absolutely do not have to open your front door to speak to an agent.
- Asking for a signed warrant by a judge. – When speaking to a federal agent through your door, ask for proof of a signed judicial warrant. This warrant can be shown through a window or slid under the door. Be sure to check the signature and ensure it’s from a judge. ICE agents may attempt to show an administrative warrant signed by an ICE agent. This is not an acceptable warrant.
- Exercising your right to remain silent. – If the federal agents do not have a signed warrant, you do not have to consent to giving them entry. You have the right to remain silent and not answer any questions regarding your immigration status, birthplace, etc.
- Speaking with an ICE injury attorney. – If your home visit resulted in injury for you or someone you love, sit down with an ICE injury attorney in California to learn more about your rights and filing a claim.
ICE Injury Attorneys in California Fighting for the Rights of Civilians Regardless of Immigration Status
Over the past year or so, incidents involving ICE agents and other federal officers have steadily grown, reaching a boiling point where civilians must hold these agents accountable for use of excessive force, negligence, and unlawful seizures. SB 747, the No Kings Act, is one of the first of its kind, and could completely change how we hold ICE agents and other federal agents liable, without the interruption of qualified immunity or other legal loopholes.
If you are looking to hold an ICE agent or other federal agent accountable for injuries, consult with the diligent team at BD&J. With more than $2 billion* recovered for injured clients throughout California, we are always ready to fight for justice and make our clients’ voices heard.
Hold federal agencies accountable to the fullest extent. Complete our form to connect with a BD&J ICE injury lawyer today!