Tell Congress: Pass a Federal Civil Rights Accountability Act (FCRA)

Right now, if a state or local police officer violates your constitutional rights, you can sue them under 42 U.S.C. § 1983. But if a federal officer – from ICE, CBP, FBI, or another agency – does the same thing, your path to justice is far narrower and often blocked by judge-made limits and broad immunities. That gap leaves real people with life-altering harms and no meaningful remedy.

This is where we come in. We need a federal equivalent to § 1983 that finally allows people to hold federal officers accountable for unconstitutional conduct – including unlawful detention, excessive force, and retaliation against speech.

What We’re Demanding

We are asking members of Congress to introduce and co-sponsor the “Federal Civil Rights Accountability Act” (FCRA), a simple, powerful bill modeled on § 1983.

The FCRA would:

• Cover all federal law enforcement officers and agents, including ICE, CBP, FBI, ATF, DEA, U.S. Marshals, and any other federal officer with arrest, detention, search, or seizure authority.

• Protect all constitutional rights, especially:

  • Fourth Amendment protections against unreasonable searches and seizures

  • Fifth and Fourteenth Amendment due process and equal protection

  • First Amendment protections for speech, press, and assembly

  • Eighth Amendment protections against excessive force and cruel treatment

• Provide real remedies: compensatory and punitive damages, injunctive relief, declaratory judgments, and reasonable attorney’s fees and costs for people who win.

• Limit immunity: eliminate qualified immunity for these cases while preserving absolute immunity only for narrowly defined judicial or prosecutorial functions. Officers could still raise a good-faith defense, but they would have to prove it by clear and convincing evidence.

• Set a clear statute of limitations: four years from the date of the violation.

• Prevent substitution: the United States could not be swapped in as the defendant; officers sued in their individual capacities would remain personally liable.

In plain terms: state and local officers already face this kind of accountability. Federal officers should not be above the law.

Why This Matters Now

Recent incidents involving ICE and CBP show how easily federal power can be abused when there is no clear pathway to justice for victims. U.S. citizens and lawful residents have been:

• Wrongfully detained or held for extended periods without charges

• Subjected to excessive force, raids, and searches without probable cause

• Retaliated against for filming or criticizing federal officers

State and local officers can be sued when they cross these lines. Federal officers largely cannot. This double standard undermines the rule of law and invites further abuse.

The FCRA would restore basic democratic balance: when federal power is used to violate the Constitution, people harmed would finally have a meaningful way to seek redress.

How to Take Action

You don’t have to be a lawyer to push this forward. You only need to be a constituent willing to #speakup.

Here’s how:

1. Copy and personalize the letter below.

   • Add your name, address, and contact info.

   • Reference any specific federal abuse you care about (ICE detention, border enforcement, protest policing, etc.).

2. Send it to your Representative and Senators.

   • Use their official website contact forms, or mail it to their district or D.C. offices.

   • You can also call their office and say you are following up on this written request.

3. Ask for a clear yes/no answer.

   • Specifically ask: “Will you champion this in DHS/immigration negotiations?”

   • Request a written response, and note that you will share their answer with your community.

Sample Letter You Can Use

Feel free to copy, paste, and edit:

Your Name Your City, State Date

Rep./Sen. [Full Name] [Office Address -or- “United States House of Representatives / United States Senate”]

Dear Rep./Sen. [Last Name],

As your constituent from [City, State], I urge you to introduce or co-sponsor the “Federal Civil Rights Accountability Act” (attached).

This proposal creates a federal equivalent to 42 U.S.C. § 1983, allowing lawsuits against federal officers – including ICE, CBP, FBI, ATF, DEA, U.S. Marshals, and other federal agents – for constitutional violations such as unlawful detention, unreasonable searches and seizures, excessive force, and retaliation against protected speech. It includes strong limits on qualified immunity, while preserving narrow absolute immunity for judicial and prosecutorial roles and allowing good-faith defenses that must be proven by clear and convincing evidence.

Recent incidents involving ICE and CBP, including violations of the rights of U.S. citizens, demonstrate how urgently this reform is needed. State and local officers can be held accountable under § 1983. Federal officers should not be able to evade similar accountability simply because of the agency they work for.

Please confirm in writing: Will you champion this in DHS and immigration negotiations by introducing or co-sponsoring a “Federal Civil Rights Accountability Act”?

Thank you for your time and service. I await your response.

Sincerely, Your Name Your Phone Number Your Email

What to Do After You Send It

• Share your letter and any responses publicly (without your personal info) to build pressure.

• Encourage friends, faith communities, unions, and local organizations to send similar letters.

• Track which members of Congress commit – and which stay silent.

Federal officers should not operate in a separate legal universe where constitutional violations have no consequences. If we want meaningful civil rights in practice, not just on paper, we need a Federal Civil Rights Accountability Act – and we need members of Congress to hear that loud and clear from their own constituents. #FCRA #SpeakOut #CivilRights #DefundICE #AbolishICE #JasmineForUS #MissiForMO #MissiHesketh