The ruling came in a case originating from immigration stops in 2017 in Northern Virginia.
By Rachel Weiner Rachel Weiner Local reporter covering federal court in Alexandria, Va. and local court in Arlington and Alexandria. Email Bio Follow April 26 at 2:52 PM Immigration enforcement agents cannot be sued over their actions, a three-judge panel of the Fourth Circuit Court of Appeals ruled Friday, because they are not dealing in criminal law.
The Richmond-based Fourth Circuit disagreed, saying the only avenue to contest such interactions is immigration court. “It really does create an ‘ICE agent exception’ to the Fourth Amendment to the Constitution,” Legal Aid Justice Center director Simon Sandoval-Moshenberg said. “Not even U.S. citizens, if this ruling is allowed to stand, can recover on civil rights lawsuits if ICE agents kick down their doors.”
The panel based their ruling on a 2017 Supreme Court decision finding strict limits on what kinds of lawsuits can be brought against officials. In that case, the court blocked constitutional claims from men detained by federal agents after the Sept. 11, 2001, terrorist attacks.
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