In Egbert v. Boule the Court is deciding whether a Bivens action exists for First Amendment retaliation and Fourth Amendment violations committed by federal officers carrying out immigration functions.
NPAP's brief argues that immigration law enforcement officers often engage in policing conduct (and misconduct) that has nothing to do with border security or immigration enforcement. The brief also responds to the argument that Bivens liability will lead to under-enforcement by providing indemnification data and uplifting Professor Joanna Schwartz's research on this issue.
A huge thank you to NPAP member Joey Kolker and his teammates at Orrick for serving as counsel and all of their work on this brief.
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