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Suing Department of Homeland Security Officers
Suing Department of Homeland Security Officers
When your rights are violated by the Department of Homeland Security (DHS), it can feel overwhelming and unjust. Federal officers, including those from Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), have a duty to uphold the Constitution, but there are times when they overstep their authority.
Holding federal officers accountable for violating your constitutional rights is possible under certain circumstances. If Immigration and Customs Enforcement, Department of Homeland Security, or Customs and Border Protection officers infringe on your 4th, 5th, or 8th Amendment rights, you may be able to take legal action against them. Kriezelman Burton & Associates, LLC has a team of experienced immigration lawyers who fight for the rights of our clients, and we are here to guide you through this process.
Legal Overview
Originating from the landmark case Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), a Bivens claim is a type of lawsuit that allows individuals to seek monetary damages from federal officials who have violated their constitutional protections.
In Bivens (1971), Webster Bivens sued federal narcotics agents who had allegedly:
- Entered his home without a warrant,
- Searched it,
- Arrested him in front of his family, and
- Used excessive force.
He claimed this violated his Fourth Amendment rights against unreasonable searches and seizures. The Supreme Court agreed that even though there was no specific federal statute allowing such a lawsuit, the Constitution itself implied a cause of action for damages against the federal agents personally.
Requirements
Since Bivens, the Supreme Court has been very reluctant to extend this remedy. It has recognized Bivens claims only in a few narrow contexts:
- Fourth Amendment – Unreasonable search and seizure (Bivens itself)
- Fifth Amendment – Gender discrimination by a federal official (Davis v. Passman, 1979)
- Eighth Amendment – Failure to provide medical care to prisoners (Carlson v. Green, 1980)
A Bivens claim equates to a lawsuit for damages against federal officers in their individual capacity for violating your constitutional rights, when no other remedy exists. There may be another cause of action under the Federal Tort Claims Act, but this requires administrative filings before moving forward with the federal courts.
Contact Us
At Kriezelman Burton & Associates, LLC, we understand the importance of having strong and effective legal representation when it comes to immigration matters. If you believe that the principles of a Bivens claim may be relevant to your situation or that of a family member, we encourage you to contact our office. A confidential consultation can be arranged to thoroughly evaluate your potential claim and determine appropriate legal strategies.Â
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What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
Our family is sincerely grateful to attorney Nicole M. Provax from Kriezelman Burton & Associates, LLC for her professionalism, dedication, and support, as she guided us through every step with care and understanding. Thanks to her guidance, our case reached a positive outcome. We truly appreciate everything she has done for our family and highly recommend her and the firm.
I am grateful for the guidance and support we received from Kriezelman Burton & Associates. Attorney Andrea was AMAZING, always helpful, responsive, and kept us updated with every new development(even at late hours). We first reached out to her when someone close to us was detained by ICE while working construction inside a friend’s house. Andrea immediately stressed the importance of filing a habeas corpus petition as soon as possible,…
We are incredibly grateful for the guidance and support we received from Kriezelman Burton & Associates during our family’s Green Card petition process. We had a very complicated case that several other lawyers could not take on, but that was not the case with Kriezelman Burton & Associates. From the beginning, our Attorney Mr. Kevin Raica made us feel heard, supported, and confident that our case was in good hands.…
Highly recommend Attorney Erin Cobb and her entire team. Extremely knowledgeable, compassionate, and urgent to serve and solve any issue.
I would like to express my deepest gratitude to my attorney, Kevin Raica, for his incredible professionalism, dedication, and genuine care🙏🏻 My case was extremely complicated, It felt like everything was lost and there was no way to fix it. But Kevin did the impossible — he managed to reopen my case, restore everything, and lead it to a successful result at the interview. His persistence, deep knowledge, responsibility, and…
I had a great experience working with Matthew Kriezelman and Kamila Lada. They were professional, knowledgeable, and truly cared about my case. They always took the time to answer my questions and kept me informed every step of the way. Their kindness and attention to detail made a stressful process so much easier. I’m very grateful for their help and highly recommend them.
I am writing to appreciate Attorney Erin and Attorney Andrea for making it possible for me to be represented within a short notice. If you both ever read this, I truly want to express my heartfelt gratitude to both of you. Andrea was right by me, and I felt her presence through it all. I cannot speak enough about this firm. I will continue to send people to this firm…
I had the pleasure of working with attorney Khiabett Osuna and Rafael. They were knowledgeable, professional, and genuinely cared about my case from start to finish. They were both very kind and every question I had was answered promptly, and they always made me feel supported and informed. Their attention to detail and compassion made a stressful process so much easier. I’m beyond grateful for their hard work and highly…
I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
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