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
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We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
Huge thanks to Attorney Matthew for his incredible support on our immigration case! 🙏 He was professional, responsive, and his expertise led to a successful outcome. We truly appreciate his hard work and highly recommend his service.
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
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