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119-s-3745119th Congress

ICE and CBP Constitutional Accountability Act

Sponsored By: Senator Merkley, Jeff [D-OR]

Introduced

Summary

Creates a civil remedy letting people sue the United States for constitutional and statutory violations by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. This bill would add that cause of action into the Federal Tort Claims Act framework, waive sovereign immunity for those claims, allow punitive damages, and make the usual administrative exhaustion rule (28 U.S.C. 2675(a)) inapplicable to these suits.

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  • People stopped, searched, detained, or otherwise affected by CBP or ICE would be able to sue the United States for violations of the First, Fourth, Fifth, and Fourteenth Amendments and seek monetary and punitive damages.
  • Plaintiffs would still be able to pursue separate legal or equitable remedies against individual officers or agents in addition to suing the United States.
  • Monetary awards would be paid from appropriations under title IX and sections 100051 and 100052 of Public Law 119-21, and if those funds are exhausted, from amounts appropriated under section 1304 of title 31.

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Bill Overview

Analyzed Economic Effects

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

Right to sue for CBP and ICE

This bill would create a new federal cause of action to sue the United States if a CBP or ICE officer, or someone acting under their direction, violates your constitutional or legal rights while acting under color of law. The usual Federal Tort Claims Act administrative claim rule (28 U.S.C. 2675(a)) would not apply to these suits. Plaintiffs would be able to seek money damages, including punitive damages. Money awards would be paid from specific appropriations in Public Law 119-21 and, if those are depleted, from funds available under 31 U.S.C. 1304. The bill would not limit other lawsuits against individual officers.

Sponsors & CoSponsors

Sponsor

Merkley, Jeff [D-OR]

OR • D

Cosponsors

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 1/29/2026

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 2/5/2026

Roll Call Votes

No roll call votes available for this bill.

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