Congressman Seth Moulton (MA-06) has introduced the National Oversight and Enforcement of Misconduct Act (NOEM Act) which would “permit victims of constitutional violations committed by federal immigration enforcement officers — including masked agents running roughshod on our streets — to sue those officers in federal court,” according to a press release.
Noem is also the last name of Homeland Security Chief Kristi Noem, who oversees ICE.
“Right now, if an ICE officer violates someone’s Fourth or Fifth Amendment rights, victims have almost no legal recourse,” said Moulton. “The NOEM Act fixes that. ICE is not above the law — and if its officers break the law, they should be held accountable in court.”
What the NOEM Act does:
Under current federal law, victims of constitutional violations can only sue state and local officials under 42 U.S.C. § 1983 — the statute that underpins countless civil rights cases, including those involving police brutality. But § 1983 does not apply to federal officers.
“Instead, victims must rely on a judge-made doctrine known as Bivens,” the release said. “In recent years, the Supreme Court has nearly eliminated Bivens remedies, leaving victims with virtually no path to justice when federal officers violate their rights.”
The NOEM Act directly addresses this gap by amending 42 U.S.C. § 1983 to explicitly apply to individuals acting “under federal immigration enforcement authority.”
Editor Leigh Blander is an experienced TV, radio and print journalist.
