If you ever encounter U.S. Immigration and Customs Enforcement (ICE), the interaction can be frightening and confusing. But it may also be unlawful (on the part of ICE agents). Although ICE has authority to enforce federal immigration laws, that authority is not unlimited. When agents overstep their power—by conducting unconstitutional arrests, detentions, searches, or uses of force—victims may have the right to sue for compensation and accountability.
ICE Does Not Have Unlimited Power and is not above the Constitution. Even though the agency enforces immigration laws, its officers must follow:
- The Fourth Amendment (protection against unreasonable searches and seizures)
- The Fifth Amendment (due process rights)
- Federal statutes and internal regulations
- Court rulings restricting racial profiling, excessive force, and unlawful detentions
Any arrest or detention that violates these protections may be grounds for a lawsuit. The right to sue over civil rights violations includes not just those targeted for immigration reasons, but those members of the community who wish to protest, observe and document illegal ICE actions in their cities and towns. Here are some of the most common circumstances in which people have sued the police over violations of their civil rights:
When ICE Arrests You Without Probable Cause
ICE must have probable cause that a person is deportable or has violated immigration law before making an arrest. An arrest may be unlawful when:
- Agents stop or detain someone based solely on appearance, language, or ethnicity
- Officers rely on anonymous tips or rumors with no actual evidence
- ICE misidentifies the individual and arrests the wrong person
- You are targeted in a raid where agents lacked individualized suspicion
Victims of unlawful arrest may be entitled to compensation for:
- Emotional trauma
- Lost income
- Detention-related damages
- Pain and suffering
- Violation of constitutional rights
When ICE Enters a Home Without a Judicial Warrant
ICE frequently conducts home operations early in the morning, often presenting administrative warrants. These documents are NOT judicial warrants and do NOT authorize ICE to forcibly enter a private residence.
ICE may be liable when agents:
- Enter a home without consent
- Force entry without a judge-signed warrant
- Coerce occupants into opening the door
- Make arrests based on deception
- Search the home without legal authority
In these situations, families may sue for damages related to the unlawful entry and detention.
When Someone Is Held Longer Than Legally Allowed
Even once ICE arrests someone, the law requires:
- Timely charging decisions
- Reasonable timeframes for detention
- Protection against prolonged or unnecessary detention
- Prompt access to legal counsel
If ICE holds a person for days—or even weeks—without justification or paperwork, or refuses to release someone who should legally be freed on bond, the detention may violate the Fifth Amendment. Examples include:
- Being detained after posting bond
- Being held despite having legal immigration status
- Immigration holds ("ICE detainers") that continue after a judge orders release
- Failure to schedule timely immigration court hearings
Victims may file civil-rights lawsuits for unlawful detention, lost wages, emotional harm, and more.
When ICE Uses Excessive or Unnecessary Force
Force must always be proportional and objectively reasonable. ICE may be liable if agents:
- Slam, choke, or tackle individuals without cause
- Use handcuffs too tightly or for unreasonable periods
- Draw weapons unnecessarily
- Injure individuals during raids or vehicle stops
- Use force against children, elderly individuals, or medically fragile people
- Use force during arrest of the wrong person
These cases often involve federal civil-rights claims for assault or battery.
When ICE Harasses, Intimidates, or Coerces Individuals
Coercion is illegal. ICE cannot:
- Threaten people to gain entry or consent
- Use racial slurs, intimidation tactics, or psychological harassment
- Force people to sign documents they don’t understand
- Pressure individuals to waive their right to an attorney
- Manipulate or deceive minors in the home
- Create a threatening environment designed to force cooperation
If coercion leads to an arrest, a search, a confession, or a waiver of rights, victims may sue for monetary damages; many resulting in multi-million dollar settlements or verdicts.
When ICE Targets the Wrong Person
Wrongful-arrest cases against ICE are more common than many people realize. Victims include:
- U.S. citizens mistaken for undocumented immigrants
- Lawful permanent residents
- Visa holders
- Individuals with pending asylum, U-Visas, or other legal protections
These cases are especially strong because ICE acted with no legal basis whatsoever.
Victims may receive significant compensation for:
- Emotional trauma
- Time spent in detention
- Lost opportunities and employment
- Damage to reputation
- Physical or psychological injury
When ICE Ignores Medical Needs in Custody
ICE is required to provide basic medical care. Lawsuits may arise when officers:
- Ignore serious medical symptoms
- Refuse medications
- Delay emergency treatment
- Deny mental-health care
- House individuals in unsafe or unsanitary conditions
Failure to provide medical care can violate the Fifth Amendment and federal standards for detainee safety.
What Types of Lawsuits Can Be Filed Against ICE?
Although the federal government enjoys certain protections, several legal avenues exist:
- Bivens Claims (Constitutional Violations) - Lawsuits directly against federal officers for violating the Constitution.
- Federal Tort Claims Act (FTCA) - Allows victims to sue the U.S. government for negligence, assault, battery, false arrest, or false imprisonment.
- Civil-Rights Actions for Unlawful Detention - For individuals held longer than legally permitted or without due process.
- Wrongful Death Claims - Applicable when mistreatment, excessive force, or
- State Law Claims - Assault, battery, emotional distress, negligence, and invasion of privacy.
These cases are complex and require experienced legal counsel due to government immunity rules and strict filing deadlines.
How the Team at Sexner Injury Lawyers LLC Can Help
For more than 35 years, Sexner Injury Lawyers LLC has fought for people whose rights have been violated by law enforcement, including local police, sheriff’s departments, and federal agencies such as ICE.
We investigate cases and represent client on cases involving:
- Wrongful ICE arrests
- Illegal detentions
- Unlawful home entries
- Excessive force
- Civil-rights violations
- Medical neglect during ICE custody
- Arrests based on mistaken identity
- Injuries or death related to immigration enforcement
If you believe ICE illegally arrested, detained, injured, or mistreated you or a loved one, our legal team is ready to stand with you and protect your constitutional rights. There is no obligation and no fee are ever charged unless we recover compensation. Our office is available 24/7 for free consultations at (312) 243-9922.
