S.Amdt. 4294

SA 4294, also known as the Citizens Are as Important as Senators Act, is an amendment proposed by Ms. Duckworth to be added to bill H.R. 7148.

The purpose of this amendment is to allow certain individuals, called covered individuals, to bring civil lawsuits against the United States for violations committed by federal officers, employees, or agents.

Who is Covered

• Citizens or nationals of the U.S. who were arrested or detained during specific operations (Operation Midway Blitz in Illinois, Operation Metro Surge in Minnesota, or certain DHS operations involving large numbers of ICE or CBP agents in a metropolitan area) and were released without charges and never formally accused of wrongdoing.
• Family members of a U.S. national who was killed during those same operations.

Key Changes and Provisions

• Legal Relief: Prevailing individuals can be awarded the greater of actual damages or statutory damages of $500,000, along with attorney's fees, litigation costs, and appropriate injunctive or declaratory relief.
• Accountability: The amendment states that federal officers, employees, or agents cannot use absolute or qualified immunity as a defense. Additionally, the United States expressly waives sovereign immunity for these actions.
• Timeline: Lawsuits must be started within 5 years after the individual gets actual notice of the violation.
• Defenses: The U.S. can defend itself if it proves the person had an outstanding Federal arrest warrant or was detained for an investigation not listed in the specified operations.
• Retroactive Dates: The act applies to arrests or detentions starting January 20, 2025 (for DHS operations), September 8, 2025 (for Operation Midway Blitz), and December 1, 2025 (for Operation Metro Surge).