FW: The Anti-Gestapo Act: a companion to our Anti-ICE Resolution

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From: Austin Martin <austin...@lp.org>
Sent: Sunday, February 8, 2026 9:36:20 PM (UTC+00:00) Monrovia, Reykjavik
To: Entire LNC <entir...@lp.org>; lnc-public_forward <lnc-publi...@lp.org>
Subject: The Anti-Gestapo Act: a companion to our Anti-ICE Resolution

Aloha, Esteemed Members of the LNC,

This might catch a few of you by surprise, but the resolution we just passed — the LNC's February 1 condemnation of ICE's repeated Fourth Amendment violations — was never meant to stop at a statement.

What started as a clear-eyed call-out of federal agency abuses was, in truth, laying the groundwork for real, enforceable change. Your support of that resolution highlighted the exact problems which this draft bill, "the Fourth Amendment Accountability Act" (informally named the "Anti-Gestapo Act") directly tackles.

If passed, this reform would address inadequate remedies under existing law (like the narrowed Bivens doctrine for federal officers and qualified immunity barriers), unreasonable searches and seizures by agents acting under color of federal authority, and the need for accountability without new layers of bureaucracy or criminal penalties. The bill amends §1983 to lock in Fourth Amendment claims against state and local officers, creates a parallel statutory cause of action (§1983A) for federal agents to close those Bivens gaps, makes qualified immunity unavailable once a violation is proven, and guarantees prevailing plaintiffs compensatory and punitive damages (for willful cases), injunctive/declaratory relief, and attorney's fees—all while explicitly preserving defenses like probable cause, warrants, consent, and exigent circumstances.  

For the Libertarian Party, this is a strategic step up: we go from documenting violations (as in the LNC statement and affiliate pushes) to leading reforms and arming individuals with court-enforceable tools to fight back. It positions us as the party that doesn't just criticize government overreach — we deliver structural fixes that limit power and protect liberty where it matters most. I drafted this as the direct companion counterpart to our resolution, ready for endorsement, sponsor shopping, or further refinement. 

I'd appreciate your reactions and any thoughts on moving it forward. I will also be drafting State Legislature versions which can be useful to your state parties. 

Feel free to reach out if you have any questions! 

Much love!

Austin Martin 

R1 Alt  |  LPHI Chair

Lp.org/martindonor 

Ua may ke ea o ka ʻāina i ka pono