ICE and CBP Constitutional Accountability Act
Sponsored By: Representative Salinas, Andrea [D-OR-6]
Introduced
Summary
Would create a federal civil remedy holding the United States liable when U.S. Customs and Border Protection or Immigration and Customs Enforcement officers violate constitutional rights. It amends the Federal Tort Claims Act so people in the United States could seek damages even if the violation was not caused by an official DHS policy or custom.
Show full summary
- People harmed by CBP or ICE actions inside the United States could sue the United States for monetary relief, and plaintiffs may seek punitive damages.
- The usual administrative notice rule in 28 U.S.C. 2675(a) would not apply to these suits, and suing individual officers or agents remains an available remedy.
- The bill waives sovereign immunity for these claims and requires damages to be paid from specified appropriations in Public Law 119-21, with a fallback to funds under 31 U.S.C. 1304 if those amounts are depleted.
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Right to sue federal immigration agents
If enacted, you would be able to sue the United States for money damages if a U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement officer, or someone acting under their direction, violates your constitutional rights while you are in the United States. You would be able to seek compensatory and punitive damages. You would not have to file the usual administrative claim under 28 U.S.C. §2675(a) first. Money to pay damages would come from amounts appropriated under title IX and sections 100051 and 100052 of Public Law 119-21, and if those funds run out, from amounts appropriated under 31 U.S.C. §1304. This would waive the United States’ sovereign immunity for these claims and would not stop other legal actions against individual officers.
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
Bonamici
OR • D
Sponsored 1/30/2026
Castro (TX)
TX • D
Sponsored 1/30/2026
Rep. Thanedar, Shri [D-MI-13]
MI • D
Sponsored 1/30/2026
Lofgren
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
McClellan
VA • D
Sponsored 1/30/2026
Rep. Brownley, Julia [D-CA-26]
CA • D
Sponsored 1/30/2026
Escobar
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
Ivey
MD • D
Sponsored 2/2/2026
Rep. Watson Coleman, Bonnie [D-NJ-12]
NJ • D
Sponsored 2/3/2026
Fletcher
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
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov