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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.
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What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
In the final stages of our employment based green card, Maya Flores was very helpful. She guided us through the details, made a mock up interview and then went with us to the actual appointment. We were able to see her expertise because she made some clarifications to the officer. Very good service, 5 well deserved stars.
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