In the United States, Immigration and Customs Enforcement (ICE) is responsible for enforcing federal immigration laws. While its mission is to identify and remove individuals who are without legal status, mistakes do happen. These mistakes sometimes lead to U.S. citizens or green card holders being wrongfully detained by ICE.
If you are a U.S. citizen or green card holder and were wrongfully detained by Immigration and Customs Enforcement (ICE), you’re likely angry, confused, and searching for answers. Can you sue ICE for detaining you? The short answer is yes—you do have the right to sue, but the process may look different than you expect.
Can You Really Sue ICE?
While many people ask “Can I sue ICE for detaining me?” the reality is a bit more technical. You wouldn’t actually sue ICE the agency or its individual officers directly.
Instead, you file a lawsuit against the U.S. government under a law called the Federal Tort Claims Act (FTCA). The FTCA is specifically designed to let individuals hold the federal government responsible for wrongful acts carried out by its employees—including wrongful detention.
This is the most common and effective avenue for those wrongfully detained by ICE agents. Although the legal process is aimed at the government as a whole, people usually refer to this as “suing ICE” since ICE is the agency responsible for the detention.
How Wrongful Detention By ICE Happens
Wrongful detention typically occurs when ICE mistakes a U.S. citizen or green card holder for someone who is in the country unlawfully. These mistakes may stem from outdated records, administrative errors, or misidentification. Regardless of the cause, wrongful detention is a violation of your constitutional rights.
When this happens, you may be eligible for compensation for the harm you’ve suffered—including emotional distress, lost wages, reputational damage, and more.
Legal Basis: The Federal Tort Claims Act (FTCA)
Wrongful ICE detention is a violation of civil rights that can result in an actionable claim. This is because it goes against the constitutional right to personal freedom and liberty that every U.S. citizen and green card holder is entitled to.
The FTCA allows people to seek compensation from the government for damages resulting from wrongful acts by federal employees. If ICE wrongfully detains you, the FTCA provides a path to file a claim and potentially a lawsuit. Here are the important points:
- You are technically suing the U.S. government, not ICE as an agency.
- The FTCA covers wrongful detention, false imprisonment, and other harms caused by government employees.
Filing a claim under the FTCA is not simple—strict deadlines and detailed evidence are required. Working with an experienced attorney is often essential for success.
What Compensation is Possible?
When detention is unlawful, it may be possible to pursue compensation through an FTCA claim for
- Time unlawfully spent in detention
- Emotional distress and mental anguish
- Lost wages and loss of employment
- Damage to reputation
This is because the court acknowledges that wrongful detention inflicts genuine and measurable damages. It sometimes results in losing your freedom and employment opportunities, being separated from loved ones, and being treated as a criminal.
At the same time, not every wrongful detention looks the same. Some incidents last only hours, while others extend into weeks or even months. The length of detention, the conduct of ICE officers, and the severity of harm shape the potential for a lawsuit.
Steps to Take if You Were Wrongfully Detained by ICE
If you believe ICE wrongfully detained you or someone you love, here’s what you should do:
- Gather Documentation: Collect as much evidence as possible—proof of your citizenship or residency status, records of your detention, and any documents showing harm or damage (such as lost wages or medical records).
- Consult an Attorney: An attorney with experience in FTCA claims and wrongful detention cases can advise you on your options and help prepare your claim.
- File a Claim: Before you can sue, you must file an administrative claim with the appropriate federal agency, outlining what happened and the damages you seek.
- Wait for a Response: The government will have six months to investigate and respond to your claim. If they deny your claim or do not respond, you can then file a lawsuit in federal court.
Why Suing for Wrongful Detention Matters
Wrongful detention is traumatic and unjust. For many, it’s not only about compensation but about holding the government accountable and preventing future mistakes. Taking legal action can help restore your dignity and send a message that citizens’ and residents’ rights must be respected.
Warren Law Firm Can Help You Sue ICE
If you’ve been wrongfully detained by ICE, you are not powerless. The Federal Tort Claims Act exists to help people like you seek justice. At Warren Law Firm, we’re experienced in holding the government accountable for these mistakes. We will review your case, explain your options, and guide you every step of the way.
Contact us today to protect your rights and take action if you or a loved one have been unlawfully detained.