We’ve Filed More Than 50 Legal Claims Over Abuse by Federal Immigration Agents. Here's Why.

In April, ICE held one mother, who was five months pregnant, with her husband and four children, including her 11-month-old baby, in a cell with no sunlight and little access to running water for nearly a month. The mother lost consciousness twice from the heat before anyone took her seriously.

“My children were confused and scared about why they were trapped in this cell, why they could not go outside, and why they had no toys to play with,” said the mother, who is unnamed here due to her immigration status.

On July 29, ACLU affiliates announced the filing of 54 federal tort claims against the federal government on behalf of people and families harmed by federal immigration agents across 17 states and Washington, D.C. Like the story of the pregnant mother, each claim reveals the story of someone whose rights were violated by federal law enforcement since President Donald Trump took office again. Some were seriously injured, while others were unlawfully detained, denied medical care, or targeted simply for speaking out or recording what they saw. Together, their experiences reveal a dangerous and widespread pattern of abuse that threatens the rights and safety of us all.

Since President Trump took office again, immigration agents have terrorized communities in workplaces, schools and neighborhoods across the country. Masked agents have smashed car windows and dragged people from their vehicles, separated parents from their children, ignored documents proving lawful immigration status, and detained people in dangerous facilities without urgently needed medical care. U.S. citizens and noncitizens alike have been detained, and in some cases, assaulted based on nothing more than how they look or sound. The Trump administration has also targeted U.S. citizens for simply exercising their First Amendment rights and speaking out against federal agents’ abuses.

The consequences of this violence and abuse have been devastating. Many people have suffered serious injuries and property damage, and some have lost their lives. In January, ICE shot and killed Renee Good and Alex Pretti in Minneapolis. Months later, federal agents shot and killed two men in July: Lorenzo Salgado Araujo in Texas and Joan Sebastián Durán Guerrero in Maine. More than 50 people have also died in ICE detention since the start of President Trump’s mass deportation campaign.

Such abuses are widespread and systemic, reflecting a coordinated effort to intimidate and control our communities. They require a coordinated response. That’s why the ACLU and our affiliates are taking legal action under the Federal Tort Claims Act (FTCA).

The Federal Tort Claims Act allows a person to seek financial compensation from the federal government if a federal employee hurts them while on the job. Filing a claim is the first step people need to take before they can have their day in court. Without the FTCA, the government would be almost entirely shielded from lawsuits for monetary damages. It is one of the few paths available for someone harmed by a federal agent to hold the government financially accountable, even when the individual officer is never identified or disciplined. We’re using the FTCA to seek accountability and compensation for the abuse our clients experienced at the government’s hands.

The 54 stories at the center of this campaign paint a horrifying picture of the terror that federal agents have inflicted on our communities.

In one case, armed, masked agents surrounded Willy Wender Aceituno, a U.S. citizen from North Carolina, outside a restaurant and forced to prove his citizenship. After Aceituno showed the officers identification confirming his citizenship, the officers walked away — only to return minutes later to smash his car window and throw him onto broken glass. They handcuffed Aceituno, placed him in an unmarked SUV, and eventually left him bleeding on the side of the road, miles from his car.

In another case in Vermont, ICE agents broke into José Estrada Jerez’s home in search of a man who was not there and whom Estrada Jerez did not know. The agents violently handcuffed and pointed loaded firearms at him — a U.S. citizen who was only 18 years old at the time.

Together, these stories show that no one is safe from the violence of this administration’s lawless agenda — regardless of immigration status or U.S. citizenship.

Filing these claims won't undo the harm and trauma that our affiliates' clients endured. No settlement or court judgment can erase what it felt like to be thrown to the ground, separated from your children, or locked in a cell without access to the outside world. But these claims can bring a measure of justice to the people and families affected and help hold the federal government financially accountable for the harm caused.

We're not stopping there. We need additional pathways to accountability so that justice is accessible to the tens of thousands of people with stories just like those of our claimants. While we’re fighting in court, we’re also asking Congress to address barriers that allow federal agents to evade responsibility: such as, the near-total lack of a clear path to sue federal agents directly, and, when such a claim is available, qualified immunity, a legal doctrine that can shield officers from liability. We're also supporting legislation that would bring independent oversight to detention facilities and end family detention.

This is a fight we intend to win. We will use every legal and legislative tool at our disposal to end this abuse, defend people’s rights, and hold the federal government accountable under the law. Learn more about the clients ACLU affiliates are representing.