The ICE OUT Act, introduced in January 2026, would reform legal protections for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers by limiting their ability to use "qualified immunity" as a defense in civil lawsuits. Qualified immunity is a legal doctrine that shields government officials from personal liability unless they violated "clearly established" rights at the time of their conduct. Under this bill, ICE and CBP officers would lose immunity protection entirely in cases involving alleged excessive force under the Fourth Amendment, and in all other cases, courts would first determine whether a constitutional violation occurred before deciding whether the law was clearly established. The legislation affects officers and agents engaged in law enforcement activities and would make it easier for people to sue these federal agents for rights violations. No specific funding or implementation timeline is mentioned in the bill.
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