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119-hr-7297119th Congress

ICE and CBP Constitutional Accountability Act

Sponsored By: Representative Salinas, Andrea [D-OR-6]

Introduced

Summary

Would create federal liability under the Federal Tort Claims Act for constitutional rights violations by CBP and ICE officers and people acting under their direction. It would waive the United States' sovereign immunity for those claims and allow plaintiffs to seek punitive damages and other judicial relief without first filing an FTCA administrative claim.

Show full summary
  • People in the United States who suffer constitutional deprivations from U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement actions could sue the United States for money damages, equitable relief, or other appropriate remedies.
  • Plaintiffs could seek punitive damages and would not be subject to the FTCA administrative-claim requirement in 28 U.S.C. 2675(a) for these actions.
  • The United States would be liable regardless of whether a violation resulted from a Department of Homeland Security policy or from an officer acting under official policy. Monetary awards would be paid from amounts appropriated under Title IX and sections 100051 and 100052 of Public Law 119-21, and if those funds are depleted, from amounts appropriated under 31 U.S.C. section 1304.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

New right to sue CBP and ICE

If enacted, you would be able to sue the United States when a CBP or ICE officer, or someone acting under their direction, deprives you of rights guaranteed by the Constitution or federal law. The bill would waive the government's usual immunity for these claims and let plaintiffs seek punitive damages. You would not have to file an administrative claim first (section 2675(a) would not apply). Money awards would be paid from specific funds in Public Law 119-21 and, if those funds run out, from Treasury amounts under 31 U.S.C. 1304. The bill would not limit other lawsuits or remedies against individual officers or agents.

Sponsors & CoSponsors

Sponsor

Salinas, Andrea [D-OR-6]

OR • D

Cosponsors

  • Rep. Tran, Derek [D-CA-45]

    CA • D

    Sponsored 1/30/2026

  • Rep. Tlaib, Rashida [D-MI-12]

    MI • D

    Sponsored 1/30/2026

  • Rep. Min, Dave [D-CA-47]

    CA • D

    Sponsored 1/30/2026

  • Rep. Dexter, Maxine [D-OR-3]

    OR • D

    Sponsored 1/30/2026

  • Rep. Hoyle, Val T. [D-OR-4]

    OR • D

    Sponsored 1/30/2026

  • Rep. Bonamici, Suzanne [D-OR-1]

    OR • D

    Sponsored 1/30/2026

  • Rep. Castro, Joaquin [D-TX-20]

    TX • D

    Sponsored 1/30/2026

  • Rep. Thanedar, Shri [D-MI-13]

    MI • D

    Sponsored 1/30/2026

  • Rep. Lofgren, Zoe [D-CA-18]

    CA • D

    Sponsored 1/30/2026

  • Rep. Garcia, Sylvia R. [D-TX-29]

    TX • D

    Sponsored 1/30/2026

  • Rep. Moulton, Seth [D-MA-6]

    MA • D

    Sponsored 1/30/2026

  • Rep. Quigley, Mike [D-IL-5]

    IL • D

    Sponsored 1/30/2026

  • Rep. Tokuda, Jill N. [D-HI-2]

    HI • D

    Sponsored 1/30/2026

  • Rep. McClellan, Jennifer L. [D-VA-4]

    VA • D

    Sponsored 1/30/2026

  • Rep. Brownley, Julia [D-CA-26]

    CA • D

    Sponsored 1/30/2026

  • Rep. Escobar, Veronica [D-TX-16]

    TX • D

    Sponsored 2/2/2026

  • Rep. Carbajal, Salud O. [D-CA-24]

    CA • D

    Sponsored 2/2/2026

  • Rep. Garcia, Robert [D-CA-42]

    CA • D

    Sponsored 2/2/2026

  • Rep. McGarvey, Morgan [D-KY-3]

    KY • D

    Sponsored 2/2/2026

  • Rep. Sánchez, Linda T. [D-CA-38]

    CA • D

    Sponsored 2/2/2026

  • Rep. Leger Fernandez, Teresa [D-NM-3]

    NM • D

    Sponsored 2/2/2026

  • Rep. Ivey, Glenn [D-MD-4]

    MD • D

    Sponsored 2/2/2026

  • Rep. Watson Coleman, Bonnie [D-NJ-12]

    NJ • D

    Sponsored 2/3/2026

  • Rep. Fletcher, Lizzie [D-TX-7]

    TX • D

    Sponsored 2/9/2026

  • Rep. Frost, Maxwell [D-FL-10]

    FL • D

    Sponsored 3/9/2026

  • Rep. Magaziner, Seth [D-RI-2]

    RI • D

    Sponsored 3/9/2026

  • Rep. Correa, J. Luis [D-CA-46]

    CA • D

    Sponsored 9/16/2026

Roll Call Votes

No roll call votes available for this bill.

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