Chris Truax in The Hill: “Take the battle against ICE Off the Streets and into the courts”
Society for the Rule of Law Charter Member Chris Truax was in The Hill urging that Congress pass the Bivens Act, in order to enable civil rights litigation against ICE agents who overstep constitutional boundaries.
Truax explains how the current state of the law shields ICE agents from legal accountability. In the Supreme Court case Egbert v. Boule, “the Supreme Court held that no one can bring constitutional claims for excessive force- or any constitutional claim- against federal officers enforcing immigration laws.” Egbert v. Boule, 596 U.S. 482 (2022); Chris Truax summarizing the decision in The Hill. When an individual law enforcement officer uses excessive force or otherwise violates someone’s rights, they can bring a 42 USC §1983 action to sue that officer for damages. Truax explains that the Egbert decision prevents using this recourse against federal immigration agents. If an ICE agent violates someone’s rights, they can only appeal to the agency itself, “a process in which you are unable to participate and may not appeal.” Instead of a court or independent agency, “Kristi Noem and Greg Bovino are responsible for determining whether Pretti’s constitutional rights were violated when he was shot…”
Truax proposes passing the Bivens Act. This Bill, introduced to the House in November 2025, would expand 42 USC §1983 to enable suits against federal officers. As currently written, §1983 subjects any person “of any State or Territory or the District of Columbia” to legal liability if, when enforcing the laws, they violate “any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. §1983 (2024). The Bivens Act would add “of the United States or,” before the words “any state,” rendering federal agents accountable to personal suit for violating constitutional rights. H.R. 6091, Bivens Act of 2025, 119th Cong. (2025), link. Truax advocates this approach as a necessary remedy in order to protect Americans against further ICE abuses. “The Constitution does not enforce itself. Noem will not do it, and Congress cannot. So give us the tools and we will do the enforcement ourselves.”
Read the article here.