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Index/Topics/Bivens Claim Limitations

Bivens Claim Limitations

The limitations and constraints on Bivens claims, particularly in the context of immigration and border enforcement, and the impact of recent Supreme Court decisions on these claims.

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Jan 31, 2026
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What are the limitations on suing ICE agents under the Bivens doctrine?

once allowed individuals to sue federal officers for constitutional violations, but its scope is now tightly constrained: plaintiffs can name individual officers, not agencies, and courts have sharply...