The Fight Unlawful Conduct and Keep Individuals and Communities Empowered Act establishes a legal framework allowing individuals to bring civil actions against those who violate the U.S. Constitution during civil immigration enforcement. The bill permits any person to sue if they can demonstrate that their constitutional rights were knowingly violated in the course of immigration enforcement activities. If successful, plaintiffs are entitled to various forms of monetary damages, including punitive damages, compensation for psychological or physical harm, and reasonable attorneys' fees, regardless of any other legal claims they may have.
Additionally, the bill outlines specific factors to be considered when determining the reprehensibility of a violator's conduct, particularly if they were acting under color of law. These factors include whether the individual wore a facial covering, failed to identify themselves as a law enforcement officer, did not use a required body-worn camera, operated a vehicle without proper license plates, used crowd control equipment, or violated any court orders relevant to their conduct. The bill also states that qualified immunity can be used as a defense against liability under this act.