Ziglar v. Abbasi

The Supreme Court in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), recognized a judicial damages remedy when federal officers violate individuals’ constitutional rights and no alternative relief is available. Ziglar v. Abbasi, concerns the claims of a class of Muslim, South Asian, and Arab non-citizens that they were singled out as “terrorism suspects” and abused in immigration detention based solely on their race, religion, ethnicity, and immigration status. In an amicus brief filed with a coalition of immigrants’ rights and civil rights groups, the ACLU argues that the right to a Bivens remedy does not dissipate when government officials assert that constitutional violations touch on issues of national security and immigration.