Justice for Citizens Wrongfully Detained by ICE Act

(a) In general. A citizen of the United States who is arrested or detained by an immigration officer or by a law enforcement officer enforcing the immigration laws (including pursuant to an agreement under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g))) without a warrant or without probable cause on or after January 20, 2025, may bring an action in an appropriate district court of the United States against such officer and against the United States for relief described in subsection (b).

(b) Relief. In an action under subsection (a) in which the court finds in favor of the plaintiff, the court shall award the plaintiff—

(1) damages in the amount of—

(A) $500,000; plus

(B) $100,000 for each day the individual was detained after the day on which the individual was arrested or detained;

(2) reasonable attorney’s fees and costs; and

(3) such injunctive or declaratory relief as may be appropriate.

(c) Limitations and immunity

(1) Period of limitations. A civil action under this section may not be commenced later than 5 years after the cause of action accrues.

(2) No immunity defense. No immigration officer or law enforcement officer enforcing the immigration laws shall be entitled to assert any form of absolute or qualified immunity as a defense to liability under this Act.

(3) Waiver of sovereign immunity. The United States expressly waives sovereign immunity with respect to actions under this section.

(d) No limitation on other claims. Any award under subsection (b) shall be in addition to any other amount the plaintiff has the right to receive under any other provision of law.

(e) Definitions. In this section, the terms immigration officer and immigration laws have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).