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Claims Under the Federal Tort Claims Act

The Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-2680, provides for monetary damages on account of damage to or loss of property, or personal injury or death, allegedly caused by the negligent or wrongful act of a federal government employee acting within the scope of his or her employment. Claims made to an agency under the FTCA are referred to as “administrative claims,” and must be received within two years of the date the claim accrued. Within U.S. Immigration and Customs Enforcement (ICE), the Office of the Principal Legal Advisor is responsible for processing administrative claims made against the agency.

Filing a Claim

If you believe you have suffered personal injury or property damage due to an alleged act or omission by an ICE employee, you may complete and sign a Standard Form 95, Claim for Damage, Injury or Death. Alternatively, you may provide written notification (such as a letter) detailing: 1) the allegation(s), 2) sum certain (total dollar amount claimed in damages), and 3) an original signature of the claimant(s). You should also include all documentation supporting your claim.

Completed and signed forms or other written notification, along with the documentation supporting your claim, should be submitted to:

Office of the Principal Legal Advisor
District Court Litigation Division
500 12th Street, SW, Mailstop 5900
Washington, DC 20536

OR

OPLA-DCLD-TortClaims@ice.dhs.gov

To Ensure Prompt and Proper Processing

  • The regulations promulgated by the U.S. Department of Justice, found at 28 C.F.R. Part 14, apply to the handling of administrative tort claims and provide detailed information relating to the presentation of claims and the evidence and information that must be submitted to substantiate claims.
  • Fill out the claim form completely.
  • Provide as much detail as possible.
  • Provide all related supportive documentation:  Include all receipts, two appraisals or repair estimates, proof of ownership (if property damage is claimed), photographs, and medical documents or records, as well as police, incident or witness reports (if applicable).
  • Provide the name of the ICE employee(s) involved, if known.
  • Delay in filing a claim or providing incomplete information can make gathering information difficult and lengthen the review process.

Processing a Claim

ICE takes the responsibility to fairly adjudicate claims seriously, and all claims are thoroughly reviewed. Please allow up to six months for ICE to fully adjudicate your claim.

Questions

If you have any questions, please contact OPLA-DCLD-TortClaims@ice.dhs.gov.

Please note that ICE personnel handling tort claims work for the Federal Government and cannot provide legal advice with respect to the filing and/or adjudication of tort claims against ICE or the United States.

Updated: 01/26/2021