As of early 2026, there has been legislation and legal efforts put in place to allow individuals the ability to file said Biven’s Act.
It originates from Bivens v. Six Unknown Named Agents (1971), where the Supreme Court held that a violation of one’s Fourth Amendment rights by federal officers can give rise to a federal cause of action for damages for unlawful searches and seizures. To succeed, the plaintiff must prove a federal officer caused a constitutional violation.
The Bivens Act allows citizens the right to file a federal lawsuit against federal officers, particularly to file a lawsuit on ICE agents who are violating their constitutional rights. The act shows relevance today because of the ICE raids currently happening where “officers” are causing harm to individuals and constantly violating their given rights.
With 4th Amendment rights of unreasonable search and 5th Amendment rights of due process being violated every day, people nationwide are being stripped of humanity.
Take the examples of Alex Pretti, who was trying to help a woman who was pushed over during an ICE attack and ended in the loss of his life. Renee Nicole Good is also an unfortunate example, as her life was taken after she tried to drive away from an ICE raid that she wasn’t a part of, being in the same neighborhood when she was shot in the face three times and the ICE agent.
We the people aren’t given much of an option but to comply, due to fear of being hurt. Whether it be on the streets, or in the detention camps, from murder to those that interfere to sexual assault of women, men and children, mistreatment of pregnant women or over Trump’s first year back in office, more than 1,000 credible reports of rights abuses in immigration detention centers, as reported by Senator Jon Ossof.
There have also been stories shared by pregnant, postpartum and nursing immigrants in custody. “David Courvelle, an ICE agent, was charged with sexually abusing a female detainee, the only way for the detainee to see her daughter.” Samuel, a detained teenager who uses a pseudonym, “said one officer grabbed his testicles and firmly crushed them, while another forced his fingers deep into my ears. He added that weeks after the beating, damage to his left ear was so severe that he now has trouble hearing.”
Deaths in ICE, Detention Centers all around
The Supreme Court has granted absolute immunity to certain officials, including the President (Nixon v. Fitzgerald, 1982) and federal officers performing adjudicatory functions (Butz v. Economou, 1978).
Students contacting assembly members as advocates for the act could cause the student to feel a sense of safety while at school. As well as feel that there are actually people who have their best of interests in mind.
We can call or contact Rep. Doris Matsui and Assm. Stephanie Nguyen by simply emailing their offices or contacting them by phone. We could also take it to a further step and protest to gain more attention to the issue.
The best way to contact Stephanie Nguyen is through her website. The same is possible through Matsui’s website.
In the past month, multiple SCUSD schools gathered together and marched to the capitol to protest ICE and their wrongdoings. This would get more attention and show how adamant and serious the students are.
