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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Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
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