Legis Daily

ICE and CBP Constitutional Accountability Act

USA119th CongressS-3745| Senate 
| Updated: 1/29/2026
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (2)
Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill aims to provide a civil remedy for individuals whose constitutional rights have been violated by officers or agents of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE). It addresses concerns that these agencies have undermined fundamental rights, including due process, privacy, and protection against unreasonable searches, leading to injuries, deaths, and public distrust. The legislation asserts that civil suits are necessary to provide redress when government officials violate fundamental rights. The bill amends the Federal Tort Claims Act to establish direct liability for the U.S. Government in such cases, even if the officer's actions were not consistent with an official policy or custom of the Department of Homeland Security. Significantly, it allows plaintiffs to seek and be awarded punitive damages , a departure from standard federal tort claims. Furthermore, the legislation constitutes a waiver of sovereign immunity for the United States with respect to these specific claims against CBP and ICE. It also removes the requirement for individuals to file an administrative claim before pursuing a civil action.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 29, 2026
Introduced in Senate
Jan 29, 2026
Read twice and referred to the Committee on the Judiciary.
Jan 30, 2026

Latest Companion Bill Action

HR 119-7297
Introduced in House
  • January 29, 2026
    Introduced in Senate


  • January 29, 2026
    Read twice and referred to the Committee on the Judiciary.


  • January 30, 2026

    Latest Companion Bill Action

    HR 119-7297
    Introduced in House

Immigration

Related Bills

  • HR 119-7297: ICE and CBP Constitutional Accountability Act

ICE and CBP Constitutional Accountability Act

USA119th CongressS-3745| Senate 
| Updated: 1/29/2026
This bill aims to provide a civil remedy for individuals whose constitutional rights have been violated by officers or agents of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE). It addresses concerns that these agencies have undermined fundamental rights, including due process, privacy, and protection against unreasonable searches, leading to injuries, deaths, and public distrust. The legislation asserts that civil suits are necessary to provide redress when government officials violate fundamental rights. The bill amends the Federal Tort Claims Act to establish direct liability for the U.S. Government in such cases, even if the officer's actions were not consistent with an official policy or custom of the Department of Homeland Security. Significantly, it allows plaintiffs to seek and be awarded punitive damages , a departure from standard federal tort claims. Furthermore, the legislation constitutes a waiver of sovereign immunity for the United States with respect to these specific claims against CBP and ICE. It also removes the requirement for individuals to file an administrative claim before pursuing a civil action.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 29, 2026
Introduced in Senate
Jan 29, 2026
Read twice and referred to the Committee on the Judiciary.
Jan 30, 2026

Latest Companion Bill Action

HR 119-7297
Introduced in House
  • January 29, 2026
    Introduced in Senate


  • January 29, 2026
    Read twice and referred to the Committee on the Judiciary.


  • January 30, 2026

    Latest Companion Bill Action

    HR 119-7297
    Introduced in House
Jeff Merkley

Jeff Merkley

Democratic Senator

Oregon

Cosponsors (2)
Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

Immigration

Related Bills

  • HR 119-7297: ICE and CBP Constitutional Accountability Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted