Supreme Court Clarifies Your Right to Sue After Wrong-House Federal Raids — What Martin v. United States Means for ICE Misconduct

Supreme Court Opens FTCA Path in Wrong-House Raids | Martin v. U.S.

In Martin v. United States (2025), the Supreme Court clarified FTCA suits after wrong-house federal raids. Know your rights after ICE misconduct, false arrests, or property damage.

After Martin v. United States, Here’s What to Do if ICE Raided the Wrong Home

On June 12, 2025, the U.S. Supreme Court issued Martin v. United States, a unanimous decision that affects how victims of federal law-enforcement raids—including ICE operations—can sue the United States for injuries, false arrest, assault/battery, and property damage under the Federal Tort Claims Act (FTCA). Supreme Court

What the Supreme Court decided

• The FTCA’s law-enforcement proviso lets certain intentional-tort claims (assault, battery, false arrest, false imprisonment, etc.) proceed—but it doesn’t erase other FTCA limits like the discretionary-function exception (DFE). Courts must still analyze DFE. Supreme Court

• The government can’t use the Supremacy Clause as a catch-all merits defense to defeat FTCA cases. That Eleventh Circuit shortcut is gone. Supreme Court

Why this matters in ICE raids

If a federal team hits the wrong address, uses excessive force, unlawfully detains people, or destroys property, you may pursue the United States for damages. After Martin, courts should:

1. Examine whether mandatory rules (warrant verification, address confirmation, body-cam policies) were ignored—if so, DFE likely does not apply. Supreme Court

2. Apply state tort law (e.g., assault, battery, trespass, negligence) to remaining claims—without a Supremacy-Clause escape hatch. Supreme Court

What to do if ICE raided your home or business

• Document everything immediately: photos/video of damage; names/badges; medical records; repair estimates.

• Preserve evidence: request 911 calls, dispatch logs, warrants, body-cam/vehicle-cam, operation plans.

• Act quickly: FTCA claims require a Form 95 administrative claim before suit and have short deadlines.

• Parallel civil-rights theories: Consider Bivens-style claims against individual agents where available (limited), state-law torts via FTCA, and constitutional claims for unlawful search/seizure.

Our view

As a Michigan civil-rights firm, we see federal raid mistakes rising in high-visibility enforcement cycles before national elections. If your family experienced wrong-address raids, excessive force, false arrest, or property destruction, call The Cromer Law Group PLLC. We’ll evaluate FTCA claims, pursue state-law remedies, and protect your rights.

Call for a free consultation: (248) 809-6790 | Southfield & Detroit, MIReference: Martin v. United States, No. 24-362 (arg. Apr. 29, 2025; dec. June 12, 2025). Read the opinion and plain-English summaries for details. Supreme Court+1