ICE and CBP Constitutional Accountability Act

The ICE and CBP Constitutional Accountability Act would create a legal remedy for people whose constitutional rights are violated by officers or agents of U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP). If enacted, the bill would allow individuals to file civil lawsuits against the federal government seeking monetary damages for alleged violations of rights protected by the First, Fourth, Fifth, and Fourteenth Amendments, including violations related to due process, unlawful searches, and racial profiling.

Under current law, federal officers have limited liability for constitutional violations compared to state and local law enforcement. This bill would amend the Federal Tort Claims Act to waive the federal government's sovereign immunity and allow people to seek compensation, including punitive damages, when ICE or CBP officers violate their constitutional rights. The bill specifies that damages awarded would first be drawn from funds appropriated for immigration enforcement.

The bill has been referred to the House Committee on the Judiciary and currently has 24 cosponsors. As introduced legislation, it has not yet received committee action, and most introduced bills do not advance further in the legislative process.