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Index/Topics/Bivens Remedies

Bivens Remedies

The contraction of constitutional remedies like Bivens and its impact on deterrence and accountability of immigration enforcement.

Fact-Checks

3 results
Jan 30, 2026

How has the discretionary function exception been applied in FTCA suits involving ICE?

The discretionary function exception (DFE) to the Federal Tort Claims Act (FTCA) has repeatedly been invoked to bar FTCA suits arising from conduct, with courts applying the two-step Berkovitz–Gaubert...

Jan 16, 2026

How have federal settlements limited ICE traffic stops and what remedies do affected individuals have?

A 2022 federal settlement in Castanon Nava forced ICE to adopt a nationwide policy limiting warrantless arrests and pretextual vehicle stops, impose training and documentation requirements, and create...

Jan 14, 2026

What legal remedies exist to challenge wrongful ICE detention of a U.S. citizen?

Wrongful detention of a U.S. citizen by ICE is legally remediable through immediate verification and administrative complaint channels, federal habeas corpus and constitutional litigation, civil-right...

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