ICE and CBP Constitutional Accountability Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3745 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 3745

  To provide a civil remedy for any individual whose rights have been 
 violated by an officer or agent of U.S. Customs and Border Protection 
              or U.S. Immigration and Customs Enforcement.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2026

Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide a civil remedy for any individual whose rights have been 
 violated by an officer or agent of U.S. Customs and Border Protection 
              or U.S. Immigration and Customs Enforcement.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ICE and CBP Constitutional 
Accountability Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The First, Fourth, Fifth, and Fourteenth Amendments to 
        the Constitution of the United States were passed by Congress 
        and ratified by the State legislatures to ensure the protection 
        of fundamental rights for the people of the United States.
            (2) U.S. Immigration and Customs Enforcement and U.S. 
        Customs and Border Protection officers and agents have 
        undermined the fundamental rights guaranteed by those 
        amendments, including--
                    (A) violating due process;
                    (B) racial profiling based on individuals' skin 
                color and languages spoken;
                    (C) conducting unreasonable and warrantless 
                searches and seizures; and
                    (D) violating individuals' rights to privacy and 
                free speech.
            (3) The recent and ongoing reckless conduct by U.S. 
        Immigration and Customs Enforcement and U.S. Customs and Border 
        Protection has resulted in needless injuries, deaths, and 
        public distrust of the Federal Government.
            (4) Civil suits provide individuals a remedy when their 
        fundamental rights are violated by Government officials.

SEC. 3. CIVIL REMEDY FOR VICTIMS OF UNLAWFUL IMMIGRATION ENFORCEMENT 
              ACTIONS.

    Chapter 171 of title 28, United States Code (commonly known as the 
``Federal Tort Claims Act'') is amended, in section 2674, by inserting 
after ``punitive damages.'' the following: ``If, while acting under 
color of law, an officer or agent of U.S. Customs and Border Protection 
or U.S. Immigration and Customs Enforcement, or any other person acting 
under the direction of any such officer or agent, subjects, or causes 
to be subjected, any individual within the jurisdiction of the United 
States to the deprivation of any rights, privileges, or immunities 
secured by the United States Constitution or laws, the United States 
Government shall be liable to the aggrieved party in an action at law, 
a suit in equity, or any other proper proceeding for redress, 
regardless of whether a policy or custom of the Department of Homeland 
Security caused the violation and without regard to whether the 
officer, agent or other person was acting consistent with an official 
policy, practice, or custom. Monetary damages awarded in cases 
authorized under this paragraph shall be derived from any amounts 
appropriated under title IX and sections 100051 and 100052 of Public 
Law 119-21 and, if such amounts have been depleted, amounts 
appropriated pursuant to section 1304 of title 31, United States Code. 
Section 2675(a) of title 28, United States Code, shall not apply to a 
civil action authorized under this paragraph. Notwithstanding any other 
provision of law, in cases authorized under this paragraph, a plaintiff 
may seek punitive damages. This paragraph shall constitute a waiver of 
sovereign immunity of the United States with respect to U.S. Customs 
and Border Protection and U.S. Immigration and Customs Enforcement for 
any claim brought under this section. Nothing in this paragraph may be 
construed to limit or preclude any legal, equitable, or other remedy 
that is otherwise available against an individual officer, agent, or 
other person.''.
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