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The North Shore Democrat gearing up for a primary against Sen. Ed Markey introduced the NOEM Act to allow lawsuits against federal immigration agents in civil rights law.
Rep. Seth Moulton wants to allow people to sue federal immigration agents, introducing the cheekily named NOEM Act in Congress just a week after slamming the conditions for detainees at the ICE Boston field office.
Moulton, a North Shore Democrat who launched a primary challenge against Sen. Ed Markey, introduced the National Oversight and Enforcement of Misconduct Act, or NOEM, to amend civil rights law, his office announced Monday.
The bill would include agents from “any federal immigration enforcement authority” to a current civil rights law allowing federal litigation against state and local officials, including police officers. The amendment would target immigration agents, not all federal agents.
Currently, victims have “almost no legal recourse” against ICE agents allegedly violating their Fourth or Fifth Amendment rights of due process and protection from unreasonable searches and seizures, Moulton argues.
“The NOEM Act fixes that. ICE is not above the law — and if its officers break the law, they should be held accountable in court,” Moulton said.
The Department of Homeland Security, headed by Secretary Kristi Noem, did not return a request for comment about the amendment.
In a press release, Moulton’s office also pointed to ICE agent’s “near-total immunity when they violate Americans’ rights on the street, during home raids, or in public spaces.”
Currently, people can file a lawsuit under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, where Webster Bivens sued for the violation of his Fourth Amendment rights. The Bivens action has also been extended to other constitutional rights, they are also limited and challenging, according to the American Immigration Council.
The Supreme Court has also curbed the Bivens path in recent years, Moulton’s office said. In 2022, the Supreme Court refused to extend the right to sue federal officers for damages under Bivens after a bed-and-breakfast owner near the Canadian border sued a federal immigration agent for violating his First and Fourth Amendment rights.
Last week, Moulton completed his second oversight visit of the ICE field office in Burlington, where he again pointed to “completely inadequate and inhumane” conditions, including a lack of sleeping mats.
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