U.S. Rep. Seth Moulton of Massachusetts has introduced legislation to close a loophole that shields federal immigration officers from accountability when they violate constitutional rights.
The measure, known as the National Oversight and Enforcement of Misconduct Act (NOEM Act), would allow victims of misconduct by Immigration and Customs Enforcement (ICE) agents and other federal immigration officers to sue in federal court.
Currently, civil rights claims against state and local officials are permitted, but the current statute does not apply to federal officers. Instead, victims must rely on the limited Bivens doctrine, which the Supreme Court has narrowed in recent years.
By amending statute to explicitly cover federal immigration enforcement, the NOEM Act seeks to ensure ICE and other officers face the same liability standards as state and local law enforcement.
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