Federal Tort Claims Act Attorney
Angela Warren and her team at Warren Law Firm have over 20 years of experience helping our clients with immigration issues, including successfully litigating as a Federal Tort Claims Act attorney. Our track record of success includes areas such as:
- Wrongful deportation of a U.S. citizen
- Constitutional violations of a non-U.S. person
- Tortious conduct of U.S. ICE officers against non-U.S. persons
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Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
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The Federal Tort Claims Act (FTCA) is a federal statute that allows private parties to sue the United States government and its agencies, such as U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) for wrongs committed by the federal government.
If you believe you may have a claim of negligence against a federal agency or are wondering if you can sue the federal government, how to sue USCIS, or if you can sue the federal government for emotional distress, you may need a federal tort claims act attorney specializing in immigration law.
Warren Law Firm can help. Our Federal Tort Claims Act attorneys know how to sue USCIS, ICE, CBP, and other federal agencies.
In this guide to the Federal Tort Claims Act, we will discuss and analyze individual examples pertinent to our clients’ following common questions:
- What kind of a lawyer knows how to sue USCIS, ICE, CBP, and other federal agencies?
- Can you sue the federal government for wrongful deportation?
- Can you sue the federal government for false imprisonment?
- Can you sue the federal government over family separation?
- Can you sue the government for emotional distress related to false imprisonment?
- Can you sue the federal government for abuse of process?
- Can you sue the federal government for emotional distress?
In this guide, we will also explain how to sue USCIS, ICE, CBP, and other agencies and discuss when to contact a Federal Tort Claims Act attorney.
What Kind of a Lawyer Knows How to Sue USCIS, ICE, CBP, and Other Federal Agencies?
Federal Tort Claims Act attorneys experienced with U.S. immigration law usually know how to sue USCIS, ICE, CBP, and other federal agencies.
Our office has successfully sued ICE for their actions which have caused harm, both intentionally and unintentionally. Lawsuits against ICE successfully represented by our firm include wrongful deportation, false imprisonment, abuse of process, and intentional infliction of emotional distress.
If you have been treated unfairly by a federal agency or if you have suffered damages because of improper actions by a federal agency at any point in your immigration journey, you may need a Federal Tort Claims Act attorney who understands U.S. immigration law, your rights while on U.S. soil, and the responsibilities and limitations imposed on federal agents.
Can You Sue the Federal Government for Wrongful Deportation?
Wrongful deportation may occur when a person who is legally entitled to remain in the United States is detained and returned to their country of origin against their will. Many of our clients have asked us, “Can you sue the federal government for wrongful deportation?”
Here’s an example. In 2011, a Guatemalan man filed suit in federal court against CBP charging that the agency had unlawfully detained and deported his 4-year-old daughter, a U.S. citizen, back to Guatemala.
The father asked the court for damages to address the psychological harm he claimed the incident had caused his daughter as a result of her detention and forced removal.
In its defense, the U.S. government claimed that the actions of CBP were within its discretion and authority; however, the court rejected that argument based on a separate case where CBP had been issued guidance on how to prevent a re-occurrence of that very same type of incident. The court found that CBP had violated its pledge to follow that guidance and awarded the father $32,500 in damages.
So, not only can you sue the federal government over wrongful deportation, with an experienced Federal Tort Claims Act attorney, you may win your lawsuit and receive compensation.
At Warren Law Firm, our Federal Tort Claims Act attorneys know how to sue USCIS, ICE, CBP, and other federal agencies and we understand U.S. deportation laws.
Can You Sue the Federal Government for False Imprisonment?
Not only can you sue the federal government for false imprisonment, but a clear case of false imprisonment was filed in 2007 by a Jamaican national who was held in an immigrant detention facility for three-and-a-half years despite being a U.S. citizen. Under the FTCA, he sued in federal court in New York for false imprisonment and negligent conduct.
You Must Contact Federal Tort Claims Act Attorney In A Timely Manner.
In the 2007 case, a court originally ruled in the plaintiff’s favor on false imprisonment, but an appeals court overturned the verdict because the plaintiff did not file his claim within two years of his unlawful detention, which violated the statute of limitations on false imprisonment claims as specified by the FTCA. So, if you’re wondering, “Can you sue the federal government for false imprisonment,” the answer is yes, but you must team up with a Federal Tort Claims Act attorney and file your claim within the statute of limitations.
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Can You Sue the Federal Government Over Family Separation?
Many claims submitted to ICE and USCIS and numerous lawsuits in federal court dealt with the 2016 implementation of the “zero tolerance” southern border policy that promoted family separation. The policy dictated that children who were apprehended with their parents at the border were to be taken from them and placed in shelters while their parents were held in CBP detention facilities.
The Federal Tort Claims Act attorneys representing these noncitizens argued that the decision to place children in separate facilities without their parents constitutes false imprisonment.
The practice was banned as a standard practice in December 2023 as part of a class action settlement. The federal government agreed as terms of the lawsuit settlement that the practice will remain banned at least until December 2031. Agencies can still separate children from their parents in certain situations such as:
- Officials believe that the child has been abused
- A national security risk
- Medical emergencies
- Certain criminal warrants
That wasn’t the only class action lawsuit in which Federal Tort Claims Act attorneys’ clients received favorable settlements over the family separation policy recently. In 2024, a federal judge in Arizona approved a $1.3 million settlement with asylum-seeking families separated from their children at the border because of the former zero-tolerance policy.
Can You Sue the Federal Government for Emotional Distress Related to False Imprisonment
Yes. Not only can you sue the federal government for false imprisonment, but you can also sue the government for emotional distress related to the false imprisonment. Many of the claimants mentioned above also sought compensation for the psychological and emotional harm suffered by the parents and children as a result of a deliberate family separation policy that the government knowingly implemented despite the emotional and psychological distress the policy caused to its victims.
If you have experienced emotional distress related to false imprisonment by a federal agency, help is available. Our Federal Tort Claims Act attorneys know how to sue USCIS, ICE, CBP, and other federal agencies and we have a deep understanding of immigrant rights and the rules to which federal agents must adhere before and while detaining an individual.
Can You Sue the Federal Government for Abuse of Process?
Abuses of process may occur during improper ICE investigations and searches of the homes and property of non-citizens. For example, ICE agents may knock on the door of a home and fail to identify themselves properly or insist that they be allowed to enter under threat of arrest or deportation.
Non-citizens, even those in the U.S. illegally, have the right to refuse access to ICE agents and could sue for damages under FTCA’s statutes relating to abuse of process by ICE and CBP.
Abuse of process may also occur when ICE or CBP officials misapply administrative sanctions or penalties against non-citizens as a form of punishment for their failure to comply with agency policies.
A good example is the decision by ICE and CBP to impose stiff monetary fines on members of the U.S. Sanctuary movement that spoke out against Trump administration policies. ICE and CBP justified the fines as administrative penalties for the Sanctuary leaders’ “failure to depart” the United States after being ordered to do so because they had entered illegally.
Sanctuary leaders and their lawyers charged that the fines were politically motivated and meant to punish the Sanctuary leaders for publicly speaking out against administration policies. Under the Biden administration the levied fines were rescinded.
If you feel you’ve been victimized by the federal government and experienced abuse of process, you should reach out to a Federal Tort Claims Act attorney at our firm.
Can You Sue the Federal Government for Intentional Infliction of Emotional Distress?
Claims of intentional infliction of emotional distress under the FTCA often involve abusive actions by individual agents or groups against individual non-citizens being held by CBP/ICE in detention facilities or temporary custody.
Although a lawsuit won’t hold up just because you feel emotional distress over immigration issues if federal agents didn’t do anything wrong, if you believe that an agent of the federal government intentionally inflicted emotional stress, you can sue and should contact a Federal Tort Claims Act attorney at our firm. We can help our clients prove their emotional distress and build a case to prove intent on the part of the agent or agency.
Here’s an example. On July 16, 2020, a U.S. citizen visited Tijuana, Mexico for a medical appointment. When she attempted to return to the United States through pedestrian walkways at the Tijuana point of entry, a CBP officer pulled the woman out of line, flirted with her, and asked questions about her trip to Mexico and about her personal life. When she refused to answer these questions, the officer retaliated by taking her to a building where he sexually abused her.
On April 4, 2022, the woman filed a lawsuit against CBP seeking damages under the FTCA for intentional infliction of emotional distress, battery, and negligence. In 2023, she was awarded $75,000 as part of her settlement.
Get The Immigration Help You Deserve
How to Sue USCIS, ICE, CBP, and Other Agencies
First you must file a claim under the Federal Tort Claims Act. When you file a claim with a federal agency, you must:
- File within two years from the time your claim arises
- Include facts and damages in your claim
- Provide all supportive evidence available including receipts, medical records, police reports, witness reports, etc.
Once your claim has been submitted, the federal agency has six months to rule on it. The agency may either “admit” your claim and agree the claim is valid or reject your claim. If the agency rejects your claim, you have six months to file your lawsuit.
Even your initial claim will have a better chance if you have legal representation from a Federal Tort Claims Act attorney with comprehensive understanding of immigration law and how to sue USCIS, ICE, CBP, and other agencies.
If you have already filed a claim without the help of a Federal Tort Claims Act attorney, you should consult with one at your earliest convenience, keeping in mind that you only have six months from a rejection to file a lawsuit.
Consult with a Federal Tort Claims Act Attorney
To start the process of filing a claim under the Federal Tort Claims Act, you should speak with a Federal Tort Claims Act attorney at Warren Law Firm by scheduling a consultation. We will help you build a strong case and represent you throughout the process, which can be long, complex and exacting.