If Democrats Win the 2026 Midterms, They Could Then Pass the ICE Out Act
If Democrats win the 2026 midterms, they could move to pass the ICE OUT Act, a bill that would end qualified immunity for ICE agents and allow them to be sued for wrongdoing.
The bill was introduced after the death of Alex Pretti. Pretti was a 37-year-old intensive care nurse at the Minneapolis VA Health Care System, where he cared for veterans. He was shot and killed by federal agents on January 24, 2026, near 26th Street and Nicollet Avenue in Minneapolis, during an immigration enforcement operation. The agents who fired were a Border Patrol agent and a Customs and Border Protection officer. The Department of Homeland Security said Pretti approached officers with a 9mm handgun and resisted when they tried to disarm him. Local officials disputed that account, and bystander videos showed him recording on his phone before he was taken to the ground. The Hennepin County medical examiner later ruled his death a homicide, and both agents were placed on administrative leave on January 28 while the shooting was investigated.
On January 30, six days after the shooting, Representatives Eric Swalwell of California and Dan Goldman of New York introduced the ICE OUT Act, short for Oversight of Unchecked Tactics. The bill would remove qualified immunity for ICE and Customs and Border Protection officers when they use excessive force. It would also write into law the so-called Bivens doctrine, which guarantees a person's right to sue federal officers who violate their constitutional rights.
It is not the only proposal. In August 2025, Representative Shri Thanedar of Michigan introduced the Ending Qualified Immunity for ICE Agents Act. After the Minneapolis shootings, Representative Ayanna Pressley and Senator Ed Markey, both of Massachusetts, introduced the Qualified Immunity Abolition Act of 2026, which would extend the change to other federal agents. Posts circulating online have described an "Alex Pretti Act," but no bill by that name appears in the congressional record.
Qualified immunity is a court-made doctrine that protects government officials from many civil lawsuits unless they violated a clearly established right. It does not apply to criminal charges, so ending it would open the door to lawsuits, not prison sentences. Supporters of the bill say federal agents should face the same accountability as any other officer, and that families of people killed during enforcement operations currently have almost no way to recover damages. Opponents argue the change would expose agents to a flood of lawsuits over split-second decisions made in dangerous situations, and that it could make recruiting harder.
The politics are clear on the calendar. Republicans hold majorities in both the House and the Senate, so none of these bills is expected to move this year. Democrats have made immigration enforcement oversight part of their midterm message, and the outcome in November will decide whether the ICE OUT Act ever gets a vote.
Do you support ending qualified immunity for ICE agents? YES OR NO?
