We Can't Hold Federal Agents Accountable in Court. That Must Change.
Phone scripts and email tools to demand reform so we can fight for our own rights
Contact all members of Congress:
By phone: (202) 224-3121
By email: Congress.gov
By US mail: Representatives / Senators
By Resistbot: Resist.bot
The Trump regime has been repeatedly caught covering up for violence by agents of the deportation machine, and they have made it abundantly clear there won’t be justice for ICE and CBP wrongdoings from the federal government. While there is a path for criminal prosecution by state and local government (and we should be demanding they use it), it’s not an easy one. So if we can’t count on the government, what means do we as individual Americans have for seeking accountability in the courts?
Our options for suing to hold individual federal officers liable for violating our rights are unfortunately sharply limited:
If they are ongoing violations, we could seek an injunction against them continuing, but that doesn’t make right a wrong that’s already done, and there’s no penalty for those that wronged us – and thus no deterrent.
Under what’s usually called Section 1983, we can sue for damages against state and local actors, but not federal. (We also then have to contend with qualified immunity.)
Under the Bivens doctrine (after a landmark 1971 case), we had the right to file suit against federal government officials for constitutional violations, but in recent years the Supreme Court has put so many limits on when we can use it they made it worthless for most cases.
We’re left with rights we have no remedy to secure, and federal officials are left above the law.
Progressives and libertarians alike have condemned the impunity we’ve given federal agents. And as the legal scholar Steve Vladeck has long emphasized, Congress could very easily clarify we do have the right to file these suits. There’s bills on Capitol Hill already to make “Bivens reform” happen. Senator Alex Padilla has introduced the Accountability for Federal Law Enforcement Act (S. 3470), and Senator Sheldon Whitehouse and Rep. Hank Johnson have introduced the Bivens Act (H.R. 6091/S.3187).
Let’s reach out to our members of Congress and urge them to support this or similar legislation to allow us to seek damages when federal officials violate our constitutional rights. We can find call scripts below or send this email via Resistbot by texting SIGN PSIWAL to 50409.
Meanwhile, civil rights laws in Massachusetts, Maine and New Jersey allow folks there to file lawsuits against federal officials using a state-law cause of action. This is known as a “converse 1983 remedy,” after the law that allows us to sue local and state officials for violating our rights, or as Protect Democracy has branded it a “universal constitutional remedies act.”
Under Trump 2.0, there’s been a renewed interest in this path forward by innovative lawmakers - a measure specific to immigration enforcement was signed into law in December by Governor Pritzker in Illinois, the state senate just passed a version of this in California, a bill has already been filed in New York and there’s more on the way in Oregon, Connecticut, Colorado, Georgia and Pennsylvania. (We can find model bill language from Protect Democracy here.)
While there are likely to be significant challenges to putting these laws into practice, forcing Trump’s cronies to fight them could serve as a deterrent in and of itself, and we may well win those fights.
Let’s reach out to our state legislators and governors and urge them to support laws that will let us take ICE agents and any other federal employees who violate our civil rights under color of law to court. We can find call scripts to use here or send this email via Resistbot by texting SIGN PVQYJR to 50409.
Last updated 1/27/26.
PHONE SCRIPTS: CONGRESS
You can find your rep’s contact info here. Please adjust, add, and reword as you would see fit - you will be most effective speaking in your own words!
Hi, my name is _________, and I’m a constituent from (city, zip). (If voicemail, leave street address).
(FOR DEMOCRATIC MEMBERS:)
This administration would let ICE agents wipe their boots with the Constitution if it helped them snatch one more child off the streets. They’re not going to hold anyone accountable for terrorizing us, so Americans need more power to fight for ourselves.
For too long, we’ve been blocked from suing federal officials for damages when they violate our constitutional rights. That’s got to change. Please support one of the Bivens reform bills before Congress now or similar efforts to let us stand up for our fundamental freedoms in court.
Thank you for your time and consideration.
(FOR REPUBLICAN MEMBERS:)
The federal government can’t always be trusted to hold its own agents accountable. When they fail us, Americans need the power to stand up for ourselves.
For too long, we’ve been blocked from suing federal officials for damages when they violate our individual rights. We’ve got an administration that’s letting them run wild in our streets, so that’s got to change. Please support one of the Bivens reform bills before Congress now or similar efforts to let us fight for our fundamental freedoms in court.
Thank you for your time and consideration.
PHONE SCRIPTS: LEGISLATORS/GOVERNOR
You can find contact info for your legislators here and for your governor here. Please adjust, add, and reword as you would see fit - you will be most effective speaking in your own words!
Hi, my name is _________, and I’m a constituent from (city, zip). (If voicemail, leave street address).
(FOR DEMOCRATIC MEMBERS:)
This administration would let ICE agents wipe their boots with the Constitution if it helped them snatch one more child off the streets. They’re not going to hold anyone accountable for terrorizing us, so Americans need more power to fight for ourselves.
Right now, we’re blocked from suing federal officials for damages when they violate our constitutional rights. Our state can change that by passing a converse 1983 remedy – a universal constitutional remedies act. Please support (BILL #) or similar efforts to let us stand up for our fundamental freedoms in court.
Thank you for your time and consideration.
(FOR REPUBLICAN MEMBERS:)
The federal government can’t always be trusted to hold its own agents accountable. When they fail us, Americans need the power to stand up for ourselves.
Right now, we’re blocked from suing federal officials for damages when they violate our individual rights. We’ve got an administration that’s letting them run wild in our streets, so that’s got to change. Please support (BILL #) or similar efforts to pass a converse 1983 remedy - a universal constitutional remedies act. Let us stand up for our fundamental freedoms in court.
Thank you for your time and consideration.
EMAIL LANGUAGE: CONGRESS
We can send this message directly to our members of Congress by texting SIGN PSIWAL to 50409, or use it as a starting point for the standard congressional email system.
Federal agents are gunning people down in the streets on camera, and instead of investigating the killings the FBI is investigating the victims’ families. Employees of the state are being allowed to run wild, terrorizing us, assaulting us and disappearing us, secure in the knowledge that they’re being shielded from any consequences by law enforcement that doesn’t care about the law.
Americans desperately need more power to fight for our rights. We shouldn’t have to rely on the government to seek justice over injustices committed by that same government.
Right now, we are effectively blocked from suing federal officials for damages in federal court when they violate our constitutional rights. The Supreme Court has rendered the Bivens doctrine useless, leaving them for all intents and purposes above the law. Unless the state is willing to act on our behalf, they can get away with harming us and there’s not much we can do about it.
Members of both parties and folks from across the political spectrum have long argued this sort of impunity is dangerous, and there have been numerous proposals over the years to allow individuals to pursue damages to protect our fundamental freedoms. There have been several introduced already in this Congress, including the Accountability for Federal Law Enforcement Act (S. 3470) and the Bivens Act (H.R. 6091/S. 3187). Please add your support to one of these Bivens reform efforts and work to pass it into law as soon as possible. Let Americans stand up for ourselves.
EMAIL LANGUAGE: LEGISLATORS/GOVERNOR
We can send this message directly to our state legislators and governor by texting SIGN PVQYJR to 50409, or use it as a starting point for the standard congressional email system. We can also find contact info for legislators here and for governors here.
Federal agents are gunning people down in the streets on camera, and instead of investigating the killings the FBI is investigating the victims’ families. Employees of the state are being allowed to run wild, terrorizing us, assaulting us and disappearing us, secure in the knowledge that they’re being shielded from any consequences by law enforcement that doesn’t care about the law.
Americans desperately need more power to fight for our rights. We shouldn’t have to rely on the government to seek justice over injustices committed by that same government.
Right now, we are effectively blocked from suing federal officials for damages when they violate our constitutional rights. Unless the state is willing to act on our behalf, they can get away with harming us and there’s not much we can do about it.
Members of both parties and folks from across the political spectrum have long argued this sort of impunity is dangerous, and it has to change. In several states, lawmakers have set up a different path to seek accountability. Their laws allow individuals to pursue damages against federal officials using a state-level cause of action, in what’s called a “converse 1983 remedy” or a “universal constitutional remedies law.” Folks here should be able to stand up for ourselves like that, too.
Please support legislation to allow us to seek damages against federal employees for their wrongdoing and work to pass it into law as soon as possible.