S.Amdt. 4045

This amendment, known as the Citizens Are as Important as Senators Act, aims to add a new section to H.R. 4016. Its purpose is to allow certain people to sue the United States government if they were arrested or detained during specific Federal law enforcement operations but were later released without charges and never formally accused of wrongdoing.

The amendment covers individuals involved in:

• Operation Midway Blitz in Illinois.
• Operation Charlotte's Web in North Carolina.
• Any Department of Homeland Security operation that deployed a large number of CBP or ICE officers to a specific metropolitan area.

Key Changes and Additions

Accountability and Relief The amendment removes the ability for Federal officers, employees, or agents to use absolute or qualified immunity as a defense. It also states that the United States waives sovereign immunity for these actions. If a person wins their case, the court shall award:

• The larger amount between $500,000 in statutory damages or actual damages.
• Reasonable costs of litigation and attorney's fees.
• Appropriate declaratory or injunctive relief.

Rules and Limitations

• Time Limit: Lawsuits must be started within 5 years after the person gets actual notice of the violation.
• Defenses: The government can defend itself if it proves the person had an outstanding Federal arrest warrant or was detained for an investigation not listed in the amendment.
• Retroactive Dates: The act applies to Operation Midway Blitz starting September 8, 2025, Operation Charlotte's Web starting November 15, 2025, and other DHS operations starting January 20, 2025.