US Rep. Moulton's 'NOEM Act' Would Allow ICE Officers To Be Sued

SALEM, MA — U.S. Rep. Seth Moulton (D-MA) has introduced a bill that would allow citizens to sue federal immigration enforcement officers for misconduct — ostensibly naming the legislation after Homeland Security Secretary Kristi Noem.

Moulton said the National Oversight and Enforcement of Misconduct Act (NOEM Act) would permit purported victims of constitutional violations committed by federal ICE officers — including masked agents — to be the subject of court action.

• 'Inadequate And Inhumane': Moulton Tours Burlington ICE Facility

"Right now, if an ICE officer violates someone's Fourth or Fifth Amendment rights, victims have almost no legal recourse," Moulton said in a statement on Monday. "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."

Moulton said the legislation is in response to the Supreme Court's gutting of the Bivens doctrine that allowed recourse against federal agents.

Moulton said the NOEM Act directly applies to those acting "under federal immigration enforcement authority." He said the amendment would ensure that ICE and other federal immigration enforcement officers can be held liable in the same way as any state or local law enforcement officer when they violate a person's constitutional rights.

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. X/Twitter: @Scott_Souza.)