ICE and CBP Constitutional Accountability Act

S. 3745, the ICE and CBP Constitutional Accountability Act, would amend federal law to create a legal pathway for individuals to sue the U.S. government if they believe their constitutional rights have been violated by officers or agents of U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP). The bill would make the federal government civilly liable for such violations, regardless of whether the violations were consistent with official agency policies or customs. If enacted, individuals could seek monetary damages, including punitive damages intended to deter future misconduct.

The bill identifies alleged violations by ICE and CBP officers including due process violations, racial profiling based on skin color and language, and unreasonable searches and seizures. Currently, federal officers have limited liability for constitutional violations compared to state and local law enforcement. This bill would waive the federal government's sovereign immunity with respect to ICE and CBP, removing certain procedural barriers that typically apply in federal tort claims. Any damages awarded would initially be drawn from specific appropriations made to immigration enforcement agencies. The bill is currently under consideration by the Senate Judiciary Committee and has not yet been voted on by the full Senate.