Markey and Pressley’s bill faces long odds towards becoming law given the likely lack of Republican support for such a measure. Still, it signals a growing sentiment among congressional Democrats that they must act to reign in the impunity of ICE in the aftermath of Good’s death.
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“When masked ICE agents are allowed to kill and harm people with impunity, we have crossed a dangerous threshold in our nation,” Markey said in a press release.
The legislation was originally introduced by the Massachusetts lawmakers in 2020 following the murder of George Floyd by police, and was reintroduced in May 2025 to mark the five-year anniversary of Floyd’s death. On both occasions, the bill lacked sufficient support to become law.
This time, however, the bill extends the stripping of qualified immunity beyond state and local officials to include federal officials like ICE officers.
“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,” Pressley said. “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.”
Qualified immunity broadly protects government employees from civil liability if they did not knowingly violate the law while on duty. The principle has faced persistent criticism in recent years for the role it plays in preventing victims of excessive police violence from suing perpetrators.
“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,” Markey added. “The Qualified Immunity Abolition Act abolishes this unjust defense in cases against federal law enforcement officers, allowing victims to vindicate their rights in court.”
Two other Democratic lawmakers, Representatives Eric Swalwell of California and Dan Goldman of New York, also introduced a bill to revoke ICE agents’ qualified immunity.
Markey and Pressley argue the Supreme Court has enabled abuse of qualified immunity over the decades and that Congress never intended for government officials to be shielded from civil suits, citing a statute in the 1871 Klu Klux Klan Act that allows citizens to sue government officials who violate their civil rights.
Julian E.J. Sorapuru can be reached at julian.sorapuru@globe.com. Follow him on X @JulianSorapuru.
