RAPID CITY, S.D. (KOTA) – U.S. Rep. Seth Moulton of Massachusetts has introduced legislation aimed at closing a legal loophole that shields federal immigration enforcement officers from accountability when they violate constitutional rights.
The bill, called the National Oversight and Enforcement of Misconduct Act (NOEM Act), would allow victims of constitutional violations by federal immigration officers, including Immigration and Customs Enforcement (ICE) agents, to sue those officers in federal court.
Currently, victims can sue state and local officials under 42 U.S.C. § 1983, a statute that underpins civil rights cases, including those involving police misconduct. But the law does not apply to federal officers. Instead, victims must rely on a judge-made doctrine known as Bivens, which the Supreme Court has significantly narrowed in recent years, leaving few options for justice.
The NOEM Act would amend § 1983 to explicitly include individuals acting under federal immigration enforcement authority, ensuring ICE and other immigration officers can be held liable for constitutional violations in the same way as state or local law enforcement.
