01/13/2026 | Press release | Distributed by Public on 01/13/2026 13:22
Legislation Would Hold Federal Enforcement Officers, Not Just State and Local Officials, Accountable for Breaking the Law and Killing Our Neighbors
Washington (January 13, 2026) - Senator Edward J. Markey (D-Mass.) and Representative Ayanna Pressley (MA-07) today announced the introduction of the Qualified Immunity Abolition Act of 2026. The Qualified Immunity Abolition Act builds on the lawmakers' prior work by granting victims the right to sue federal law enforcement officers-not just state and local officials-for civil rights violations and abolishing the defense of qualified immunity in these suits. The expanded legislation would help deliver accountability for families abused by law enforcement, including ICE agents.
In June 2020, following the murder of George Floyd, the lawmakers introduced the Ending Qualified Immunity Act to eliminate the court-invented doctrine of qualified immunity that shields government officials from civil liability for misconduct. On Wednesday, a masked Immigration and Customs Enforcement (ICE) officer shot and killed Renee Good, a 37-year-old mother of three, in Minneapolis, Minnesota-just blocks away from the site of Floyd's murder in 2020.
"When masked ICE agents are allowed to kill and harm people with impunity, we have crossed a dangerous threshold in our nation," said Senator Markey. "All too often, the flawed and judge-made doctrine of qualified immunity shields law enforcement officers from liability, even when they commit egregious misconduct or use excessive force. The Qualified Immunity Abolition Act abolishes this unjust defense in cases against federal law enforcement officers, allowing victims to vindicate their rights in court. With ICE agents trampling over our laws, our rights, and our communities, we must demand justice and hold wrongdoers accountable."
"We cannot stand idly by while rogue federal agents-emboldened by the Trump White House-ravage our communities, brutalize families, and kill our neighbors on the street in cold blood," said Representative Pressley. "Our bill sends a powerful message to everyone in America-citizen or not-that when ICE agents break the law, they should and will be held accountable. For Renee Good, Keith Porter, Nenko Gantchev, and every death at the hands of federal law enforcement, Congress must end qualified immunity."
The Supreme Court invented the judicial doctrine of qualified immunity to prevent government officials from being held personally liable in court for misconduct, including for violations of constitutional rights. Congress never intended to shield public officials from this type of liability. In its passage of the Civil Rights Act of 1871, also known as the Ku Klux Klan Act, Congress expressly allowed individuals to sue government officials, including law enforcement officers, who violate their civil rights. In the past few decades, federal courts have gutted this landmark civil rights law by creating and then expanding the defense of qualified immunity.
Senator Markey and Representative Pressley are leading the charge to abolish qualified immunity for law enforcement.
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