Democrats Prepare 'Alex Pretti Act' To End Qualified Immunity for ICE Agents After Congress Takeover

Democrats won control of the US House and Senate on 3 November, positioning them to advance proposals stripping qualified immunity from Immigration and Customs Enforcement (ICE) and Border Patrol agents when the new Congress convenes in January, potentially expanding civil lawsuits against federal officers.

The outcome follows the killings of two US citizens in Minneapolis. Alex Pretti, a 37-year-old intensive care nurse, was shot dead by Border Patrol agents on 24 January during Operation Metro Surge, and his death was later ruled a homicide. Renee Good, a 37-year-old mother, was killed by an ICE officer on 7 January. Neither was an immigration target.

A county medical examiner ruled Pretti's death a homicide, and a ProPublica investigation later named the two agents who fired. The federal investigations remain open, but Pretti's family says it has received few answers, and Minnesota has sued federal agencies for withholding evidence.

On Election Day, voters in Minneapolis left 'I Voted' stickers on memorials to Pretti and Good, turning grief into a ballot-box message about who the crackdown reaches.

The Bills Already on the Table

Three measures have been introduced in Congress. Representative Shri Thanedar filed the Ending Qualified Immunity for ICE Agents Act, House bill 4944, on 8 August 2025.

Representatives Dan Goldman and Eric Swalwell followed with the ICE OUT Act on 30 January 2026, which would remove protection from Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers who use excessive force.

Senator Ed Markey and Representative Ayanna Pressley introduced companion Qualified Immunity Abolition Act bills on 13 January 2026. Each stalled under the Republican majority. Democrats will hold the gavels in January, when the measures would need reintroduction.

Why Qualified Immunity Matters to You

Qualified immunity is a court-made doctrine that shields officials from civil liability unless they violate rights already clearly established in law.

For anyone stopped, detained, or caught near an enforcement operation, it often decides whether a lawsuit can proceed.

Pretti held a valid concealed-carry permit, and Good was sitting in her car. Ending the shield could help families pursue civil claims when agents use deadly force. Criminal prosecutions are a separate matter.

The Unconfirmed 'Alex Pretti Act'

The name driving online attention remains unconfirmed. An account on X, PoliticsVideoChannel, posted on 4 November that Democrats planned to pass an 'Alex Pretti Act' in January.

Claims that 16 House and Senate members support the proposal remain unverified. No lawmaker has publicly confirmed the name or the figure. The grounded story is the existing bills, which could be reintroduced under a new majority.

What Democrats Can Actually Do

Control of Congress does not guarantee passage. Any bill ending qualified immunity could face a veto from President Donald Trump, while federal legislation enacted in 2025 and 2026 provided ICE funding through 2029.

The party's sharpest near-term tools, once it takes control, are oversight, subpoenas, and hearings into the Minneapolis shootings.

Governor Tim Walz said in January that Minnesota was building a log of evidence for the future prosecution of the agents and officials involved.

For now, the push could force members to vote on the record, setting the terms for the next fight over accountability.