Summary of H.R. 7284 - ICE OUT Act

Overview

The ICE OUT Act is a bill introduced in the U.S. House of Representatives on January 30, 2026. The main purpose of the bill is to reform the qualified immunity standards for officers and agents of U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) who are engaged in law enforcement activities.

Key Provisions

The bill would make the following key changes:

1. Eliminating Qualified Immunity for Excessive Force Violations: The bill states that no immunity defense shall be available if the facts alleged by the plaintiff would constitute excessive force in violation of the 4th Amendment.

2. Narrowing Qualified Immunity in Other Cases: In all other cases, an immunity defense shall only be available if the defendant acted in a manner consistent with rights, privileges, or immunities secured by the Constitution and laws that were clearly established at the time the conduct occurred.

3. Requiring Courts to First Determine Constitutional Violation: The bill requires courts to first determine whether the facts alleged would constitute a violation of constitutional rights before determining whether those rights were clearly established.

Impact

The ICE OUT Act, if enacted, would significantly impact law enforcement activities conducted by ICE and CBP agents. It would make it easier for individuals to bring lawsuits against these federal agents for civil rights violations, as the qualified immunity defense would be narrowed. This could result in increased accountability and oversight of ICE and CBP's law enforcement practices.

The bill is likely to be controversial, as it would reduce legal protections for federal immigration and border enforcement agents. Supporters argue it is necessary to address concerns about excessive force and civil rights abuses, while opponents may contend it would hamper the ability of these agents to effectively carry out their duties.

Procedural Timeline

The bill was introduced in the House of Representatives on January 30, 2026 and has been referred to the House Committee on the Judiciary. The committee will likely hold hearings and consider amendments before deciding whether to advance the bill to the full House for a vote. If passed by the House, the bill would then move to the Senate for further consideration.