Bivens Act of 2025

The Bivens Act of 2025 aims to create a clear legal pathway for citizens to seek financial damages in court when federal officials violate their constitutional rights. Currently, while individuals can sue state and local officials for such violations under existing law, there is no equivalent permanent statute for federal agents. Instead, victims must rely on a limited and increasingly restricted legal doctrine established by the Supreme Court in the 1971 case Bivens v. Six Unknown Named Agents.

If enacted, the bill would effectively codify and expand this right, ensuring that federal employees—including those in the FBI, TSA, ICE, and federal prisons—can be held personally liable for misconduct such as excessive force, illegal searches, or wrongful arrests. By providing an express cause of action, the legislation seeks to bypass recent court rulings that have made it difficult for citizens to bring these types of lawsuits against federal authorities.

For everyday citizens, this proposal would mean that the same standards of accountability applied to local police would also apply to federal law enforcement. It aims to provide a guaranteed remedy for victims of official misconduct and create a stronger incentive for federal agencies to ensure their officers respect constitutional protections during their duties.