Victims who sue ICE are likely to lose — they should sue anyway
The Hill
by Glenn C. Altschuler and David Wippman, opinion contributorsFebruary 22, 2026
AI-Generated Deep Dive Summary
Victims who sue ICE are often unlikely to win their cases, yet pursuing legal action remains a critical form of resistance and accountability. The article argues that even in the face of low success rates, suing ICE is essential for justice and sets important precedents. Legal battles against ICE can challenge its policies, expose injustices, and hold the agency accountable, even if the immediate outcome is not favorable.
The legal system’s structure makes it difficult to sue federal agencies like ICE successfully. Federal courts are often reluctant to second-guess administrative decisions, especially on matters of immigration policy. Judges frequently dismiss cases against ICE, citing legal precedents that favor the government or asserting that plaintiffs lack standing to bring lawsuits. However, these outcomes do not diminish the importance of filing such cases. Legal challenges can force ICE and other agencies to defend their actions, sometimes leading to internal reforms or changes in how policies are applied.
Beyond direct legal victories, suing ICE serves broader purposes. It raises public awareness about injustices, generates media attention, and puts pressure on policymakers. Even when plaintiffs lose, these cases can reveal harmful practices or set the stage for future litigation. By challengingICE in court, victims and advocates demonstrate a commitment to holding the government accountable and protecting constitutional rights.
This issue matters deeply to readers interested in politics and civil liberties. The ability of individuals to challenge government actions through the courts is a cornerstone of democracy. When marginalized groups, particularly immigrants and refugees, are denied their rights, suing ICE becomes a vital tool for resistance. While the odds may be stacked against them, these lawsuits symbolize the fight for justice and the belief that no one should be above the law.
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Originally published on The Hill on 2/22/2026