Can You Sue if ICE Violates Your Civil Rights in 2026?

 Posted on January 22, 2026 in Civil Rights

Immigration and Customs Enforcement, known as ICE, has power to arrest and detain people. However, ICE agents must still follow the law and respect your constitutional rights. When ICE agents use excessive force, keep you in detention too long without proper procedures, deny you medical care, or violate your rights in other ways, you may be able to sue for compensation.

Many people do not realize they have legal options after being mistreated by ICE. Whether you are a U.S. citizen, a legal resident, or an undocumented immigrant, you have rights under the Constitution. Our Chicago personal injury attorney offers free consultations and can help you understand whether you have a case against ICE. Call us today to talk about what happened to you.

Can You Sue ICE for Civil Rights Violations?

You can sue ICE and individual ICE agents if they violate your civil rights. The law recognizes that federal agents, including ICE officers, must respect your constitutional protections. When they fail to do so, you may be entitled to money damages.

There are two main ways to bring a lawsuit against ICE. First, you can file a claim under the Federal Tort Claims Act. This law allows you to sue the federal government when its employees cause you harm through negligent or wrongful acts. 

Second, you can file what is called a Bivens action, which comes from a Supreme Court case called Bivens v. Six Unknown Named Agents. A Bivens action allows you to sue individual federal agents directly for violating your constitutional rights.

What Types of ICE Misconduct Allow You to File a Lawsuit?

Several types of ICE misconduct can give you grounds to file a civil rights lawsuit. These include situations where ICE agents cross the line from lawful enforcement into illegal behavior.

Excessive Force

ICE agents are allowed to use reasonable force when making arrests or controlling people in detention. However, they cannot use more force than necessary. If an ICE agent beat you, kicked you, choked you, threw you to the ground when you were not resisting, or used a weapon against you without justification, you may have a case for excessive force.

Unlawful Detention

ICE must follow proper procedures when detaining people. If ICE held you for an unreasonable amount of time without a hearing, detained you based on mistaken identity, or kept you in custody after a judge ordered your release, these actions may violate your rights. Even people who are subject to deportation have the right to timely hearings and proper legal procedures.

Medical Neglect

ICE detention facilities must provide necessary medical care. If you had a serious medical condition and ICE staff ignored it, this can be considered deliberate indifference to your medical needs. Medical neglect in detention has led to serious injuries and even deaths.

Sexual Assault or Abuse

Sexual assault or abuse by ICE agents or detention facility staff is a serious civil rights violation. This includes any unwanted sexual contact, inappropriate touching during searches, sexual harassment, or rape. If you experienced this type of abuse, you have the right to sue.

Illegal Search or Seizure

The Fourth Amendment protects you from unreasonable searches and seizures. If ICE agents entered your home without a warrant or your permission, searched your property without legal justification, or arrested you without probable cause, they may have violated your constitutional rights.

How Much Can You Recover in an ICE Civil Rights Case?

The amount of money you can recover depends on the specific facts of your case. Damages in civil rights cases typically include:

• Compensation for physical injuries and medical expenses

• Payment for emotional distress and mental suffering

• Money for lost wages if you could not work because of your injuries

• Punitive damages in some cases to punish particularly egregious conduct

In cases involving serious injuries, permanent disabilities, or particularly outrageous conduct by ICE agents, compensation can be substantial. Even if your physical injuries were minor, you may still recover significant damages for the emotional trauma caused by being detained illegally or subjected to excessive force.

Contact a Chicago Civil Rights Violation Attorney Today

If ICE agents violated your civil rights, you deserve justice and compensation for what you have been through. You do not have to accept mistreatment by federal agents.

Our Chicago South Side personal injury lawyer at Kadzai Law Group, LLC offers free consultations and can evaluate your case. We understand how frightening it can be to take legal action against a federal agency, but we are here to fight for your rights. Call Kadzai Law Group, LLC at 312-229-0050 today to speak with a Chicago personal injury attorney about your ICE civil rights case.