Today, Explained — "Can you sue ICE?"

Vox | Aired: October 23, 2025

Episode Overview

This episode of Today, Explained delves into the escalating conflict between Immigration and Customs Enforcement (ICE) and protesters in the Chicago area, centering on the conditions and confrontations at the Broadview processing center. Through on-the-ground testimony and legal analysis, hosts Noel King and Vox Supreme Court reporter Ian Millhiser explore the central question: Can lawsuits and the courts actually restrain ICE, or is legal recourse against federal immigration enforcement essentially blocked in America today?

I. Protests Against ICE in Chicago

[00:54–11:20]

The Scene at Broadview

• Broadview, a village near Chicago, has become a hub for protest against ICE detentions amid reports of disturbing conditions for detainees and aggressive law enforcement response.
  • "They're basically 250 men packed into a single room with no air… It's really a hellish place to be." — Anonymous source, [01:21]
• Faith leaders, notably Pastors David Black and Quincy Worthington, have taken a central role in organizing peaceful protests, emphasizing both humanitarian and spiritual motivations.

A Pastor’s Perspective

• Noel King interviews Pastor Quincy Worthington (Highland Park Presbyterian) about his participation in the protests, the escalation of ICE’s use of force, and the moment another faith leader, Pastor David Black, was struck with a pepper ball.
  • "Donald Trump thinks he has a hammer in his hand, and he thinks he can bring that hammer to Chicago, but he's about to find out that Chicago is an anvil." — Pastor David Black, [02:44]
• Pastor Worthington recounts intense confrontations:
  • Use of chemical munitions, pepper balls, rubber bullets, and physical force against peaceful protesters.
  • "I have not seen anything to lead me to believe that these are violent rioters... That's totally within their First Amendment rights." — Pastor Worthington, [08:10]
• He describes the toll on his faith and perspective on law enforcement:
  • "It's made me seriously question my understanding of law enforcement and why they’re there... If I’m going to stand in a pulpit on Sunday with any integrity... I need to stand with Jesus at Broadview to protect the humanity of everyone involved." — Pastor Worthington, [08:51–11:20]

II. Can You Sue ICE and Win?

[15:21–26:09]

Legal Mechanisms Explored

Vox’s Supreme Court reporter Ian Millhiser breaks down five legal avenues once available, illustrating how the Supreme Court has steadily limited public recourse against ICE and similar federal actors.

1. Injunctions

• Courts can order agencies to stop unlawful conduct (an injunction).
  • Example: Judge halts ICE from using race as a basis for arrests in LA—but Supreme Court holds up injunction, citing lack of ongoing personal harm.
    • "The Supreme Court said he cannot get an injunction... unless he could show that he personally is likely to be choked by an LA police officer again." — Millhiser, [18:46]
• Current status: Nearly impossible for individuals to obtain injunctive relief unless they can prove they will personally be harmed again.

2. Lawsuits Against Individual Officers (Bivens actions)

• “Bivens” case once allowed individuals to sue federal officers for constitutional violations.
  • Recent case: Hernandez v. Mesa—Court denies recourse even for extreme abuses, e.g. fatal shooting of a child.
    • "The Supreme Court... said even if the plaintiffs... could prove that, yes, this was a murder... nothing can be done." — Millhiser, [21:25]

3. Federal Tort Claims Act (FTCA)

• Allows lawsuits against the United States (not individual officers) for certain harms (assault, false arrest, etc.).
  • Compensation comes from the public treasury; there’s little deterrent effect.
    • "If I'm a rogue ICE officer... what do I care if the U.S. treasury has to pay out some money? ...Taxpayers are on the hook." — Millhiser, [22:37]

4 & 5. Criminal Prosecution

• Federal officers can technically be criminally prosecuted for breaking the law.
  • Requires Department of Justice to bring the case—problematic under the Trump administration, seen as unlikely.
  • Presidential immunity: Supreme Court has declared the President is immune from prosecution for official acts (Trump v. United States, 2024).
    • "There was even a whole two-page section... which said specifically that Trump cannot be charged with the crime even if he orders the Justice Department to target someone for an improper purpose." — Millhiser, [24:46]

III. Key Quotes & Memorable Moments

• On court limitations:
  "Do not expect the courts to… I mean, at what point have these courts been effective in saving us from Donald Trump? ...The way to stop the government from behaving this way is to put someone else in charge of it." — Ian Millhiser, [25:40]
• On faith, protest, and conscience:
  "For me, the call to follow Christ has to reign supreme in my life... When I see things that are blatant human rights violations... I need to stand with Jesus at Broadview..." — Pastor Quincy Worthington, [08:51–11:20]

IV. Summary of Takeaways

• Protesters, especially clergy, have faced escalating violence during peaceful actions outside ICE’s Broadview facility in Chicago.
• Legal options for holding ICE and federal officers accountable are now extremely limited:
  • Injunctions are almost impossible to obtain;
  • Lawsuits against individual officers are functionally blocked by recent Supreme Court decisions;
  • FTCA offers financial remedies but no deterrent to bad actors;
  • Criminal prosecutions are almost never brought, especially under the current administration;
  • Presidential immunity for official acts is now constitutionally enshrined.
• The episode concludes with a sobering assessment: The courts are unlikely to provide relief or enforce constitutional rights against federal immigration enforcement agencies. Effective change, according to the experts, must come from the ballot box rather than the judiciary.

Suggested Listening Timestamps

• Conditions and Protests at Broadview: [00:54–07:54]
• Pastor Worthington on law enforcement and faith: [08:51–11:20]
• Legal breakdown with Ian Millhiser: [15:21–26:09]

This summary was created for listeners seeking an in-depth understanding of the episode’s critical explorations of ICE, protest, and the limits of American law in holding the federal government accountable.