Bill strips federal immunity from immigration officers who injure or kill
In committeeH.R. 8862Latest action
Sponsor: Mary Gay Scanlon · Representative · PA
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Official title: No Special Immunity for Violating Our State Laws Act of 2026
119th Congress
Topics: Crime & justice
Introduced:
Read the official bill on Congress.govIn plain words
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HR 8862 would let state prosecutors charge ICE and Border Patrol agents under state criminal law if they seriously injure or kill someone.
45-second read · 4 questions answered below
What does this do?
HR 8862 would remove federal immunity protections specifically for immigration enforcement officers whose actions result in serious injury or death. Under current law, federal officers generally cannot be prosecuted under state criminal laws. This bill would create an exception limited to immigration enforcement officers only.
Who does it affect?
Federal immigration officers, including ICE and Border Patrol agents, would be directly subject to the new rules. People seriously injured or killed during immigration enforcement operations, and state governments that choose to investigate or prosecute such cases, would also be affected.
Why does it matter?
State prosecutors would gain authority to bring criminal charges against immigration officers under the same state laws that apply to any other person. Cases involving serious injury or death during immigration enforcement could move through state court systems rather than being blocked by federal immunity.
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Where does it stand?
- IntroducedMay 15, 2026
- House committeeYou are here · May 15, 2026
- House vote
- Senate
- The president's desk
Right now: a House committee is reviewing it. If the Senate changes it, it goes back to the House before reaching the president.
Latest action: — Referred to the House Committee on the Judiciary.