A negligence claim involving a Department of Homeland Security employee may fit the Federal Tort Claims Act, but there is no general right to sue DHS whenever an employee causes harm. The FTCA permits certain claims against the United States for employees acting within the scope of employment, using the liability law of the place where the conduct occurred. Statutory exceptions can still bar recovery. [1][4]
Identify the conduct and the responsible component
Write down what happened, where it occurred, the employees involved, and the injury or property loss. An accident allegedly caused by negligent driving presents a different question from a challenge to an enforcement policy. The latter may implicate the discretionary-function exception, which can apply even when the challenged discretion was allegedly abused. [1][4]
The United States is generally the defendant in an FTCA action. Naming only DHS, TSA, ICE, or another component does not substitute for correctly bringing the federal tort claim. Identify the proper agency for administrative presentment before deciding how to caption a lawsuit.
Present the claim before filing suit
The claimant must first present the claim to the appropriate federal agency. Section 2675 generally requires a final agency denial before suit, but permits a claimant to treat six months without final agency disposition as a denial. A premature complaint can fail even when the underlying accident claim appears strong. [2]
Document the injury and damages carefully. The amount requested in court is generally limited to the amount presented administratively, subject to the statute’s exceptions for newly discovered evidence or intervening facts. Preserve proof that the agency received the claim and retain every decision and mailing envelope. [2]
Track both limitation periods
Section 2401(b) ordinarily requires written presentment within two years after accrual and suit within six months after the agency mails its final denial by certified or registered mail. Accrual, reconsideration, and possible tolling can raise legal questions, so do not assume the date of an internal complaint starts or satisfies these periods. [3]
Check the exceptions before investing in litigation
The FTCA contains exceptions for discretionary functions, certain intentional torts, foreign-country claims, and other categories. A law-enforcement proviso restores coverage for specified intentional torts by qualifying officers, but it does not eliminate every other exception. [4]
Compare FTCA claims involving USPS and the postal exception for loss or nondelivery to see why the precise statutory exception matters as much as the allegation of negligence.
Primary sources
- 28 U.S. Code 1346 – United States as Defendant
- 28 U.S. Code 2675 – Disposition by Federal Agency as Prerequisite; Evidence
- 28 USC 2401: Time for commencing action
- 28 USC 2680: FTCA exceptions
Sources checked: October 31, 2026.