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July 3, 2019

On July 1, 2019, we joined ACLU national, the Cato Institute, and the Rutherford Institute in filing an amicus brief in support of a currently pending petition before the Fourth Circuit, for the Court to review en banc the panel decision in the case of Tun-Cos v. Perrotte.

Mr. Tun-Cos and eight other Latino men who lived in Northern Virginia filed suit in federal court against five Immigration and Customs Enforcement (“ICE”) agents. They sought money damages for the ICE agents’ violations of their rights under the Fourth and Fifth Amendments, when the agents stopped and detained them without reasonable suspicion; invaded their homes without a warrant, consent, or probable cause; and seized them illegally. In filing suit, the plaintiffs relied on the case of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, which established an implied right of action for damages under the Fourth Amendment against federal law enforcement officers who commit unreasonable searches and seizures.

Our amicus brief can be viewed below.