In Reply to: They can most certainly sue the government. posted by Bruinfan4ever on June 19, 2025 at 16:10:22
Can you sue for being wrongfully detained by ICE?
Yes, it is possible to sue Immigration and Customs Enforcement (ICE) for wrongful detention. If ICE detained someone without legal basis, such as a valid warrant or probable cause, the individual may have grounds to sue for false imprisonment, false arrest, and civil rights violations.
Here's a breakdown:
False Imprisonment/False Arrest:
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If ICE detained a person without legal justification (like a valid warrant or probable cause), it could be considered false imprisonment or false arrest, which are civil torts.
Civil Rights Violations:
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The Fourth Amendment protects individuals from unreasonable search and seizure, including unlawful detention. If ICE violated these rights, a civil rights lawsuit (under 42 U.S.C. § 1983) may be possible.
Potential Damages:
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If successful, a lawsuit could result in monetary damages for harm caused by the wrongful detention, including lost wages, emotional distress, and legal fees.
Seeking Legal Counsel:
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It is highly recommended to consult with an attorney specializing in civil rights or immigration law to assess the specifics of the case and potential legal options.