# 119-s-3745: ICE and CBP Constitutional Accountability Act

119-s-3745, ICE and CBP Constitutional Accountability Act, is a 119th Congress bill sponsored by Sen. Merkley, Jeff [D-OR] (D-OR); status introduced (as of 2026-08-11).

- Canonical: https://policyrisk.com/legislation/119-s-3745
- As of: 2026-08-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-3745
- Congress: 119
- Title: ICE and CBP Constitutional Accountability Act
- Status: introduced
- Introduced: 2026-01-29
- Sponsor: Sen. Merkley, Jeff [D-OR] (D-OR)
- Cosponsors: 2
- Policy area: Immigration
- Touches household money: no
- Last recorded action: 2026-08-11

## 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. - 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.

## Cosponsors (2)

- Sen. Wyden, Ron [D-OR] (D-OR), 2026-01-29T00:00:00.000Z
- Sen. Blumenthal, Richard [D-CT] (D-CT), 2026-02-05T00:00:00.000Z

## Provisions PRIA read

- Right to sue for CBP and ICE: benefit, low. 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…

## Related bills

- 119-s-5071: Children's Safe Welcome Act of 2026
- 119-s-2819: Head Start for America's Children Act
- 119-s-5238: For Our Republic Act
- 119-s-3990: PrEP Access and Coverage Act of 2026
- 119-s-2823: FAMILY Act
- 119-s-2763: Keep Billionaires Out of Social Security Act

## Sources
- [119-s-3745 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/3745)

## Related
- [119-s-5071: Children's Safe Welcome Act of 2026](https://policyrisk.com/legislation/119-s-5071)
- [119-s-2819: Head Start for America's Children Act](https://policyrisk.com/legislation/119-s-2819)
- [119-s-5238: For Our Republic Act](https://policyrisk.com/legislation/119-s-5238)
- [119-s-3990: PrEP Access and Coverage Act of 2026](https://policyrisk.com/legislation/119-s-3990)
- [119-s-2823: FAMILY Act](https://policyrisk.com/legislation/119-s-2823)
- [119-s-2763: Keep Billionaires Out of Social Security Act](https://policyrisk.com/legislation/119-s-2763)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-3745 (as of 2026-08-11).