Bill · S. 3745· Senate(119-S-3745)
ICE and CBP Constitutional Accountability Act
- Introduced
- 1/29/2026
- Last activity
- 1/29/2026 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Jeff Merkley
- Cosponsors
- - 2 - 0
- Introduced
- In Committee
What this bill would do
This bill, titled the "ICE and CBP Constitutional Accountability Act," aims to provide a civil remedy for individuals whose rights are violated by officers or agents of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement. It targets violations of rights secured by the U.S. Constitution or laws, including issues like due process, racial profiling, and unreasonable searches. The Act would amend the Federal Tort Claims Act to hold the United States Government liable for these violations. It specifically allows for the pursuit of punitive damages. Additionally, the bill provides a waiver of sovereign immunity for these specific agencies regarding such claims.
Yes· 3 of 13
Would immigrants be better off under this?+8
The bill provides direct legal redress and punitive damages for individuals targeted by ICE and CBP actions.
Does this protect the right to fair treatment by the courts?+8
The bill specifically targets and provides redress for the deprivation of due process rights by ICE and CBP officers.
Would Hispanic Americans be better off under this?+7
The bill specifically targets racial profiling and provides a remedy for those subjected to unlawful immigration enforcement actions.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
-
Legal Redress for Rights Violations: The bill allows individuals to seek redress through actions at law, suits in equity, or other proceedings if their constitutional rights or legal privileges are deprived by certain officers or agents. (Section 3)
-
Access to Punitive Damages: Unlike other provisions, this act specifically allows a plaintiff to seek punitive damages when their rights have been violated by these agencies. (Section 3)
-
Increased Accountability for Unofficial Actions: The government would be held liable even if the violation was not part of an official policy, practice, or custom. (Section 3)
-
Removal of Legal Barriers: By stating that section 2675(a) of title 28, United States Code, shall not apply, the bill removes a specific legal restriction for these civil actions. (Section 3)
Potential Negative Impacts for People
- No specific negative impacts are explicitly detailed in the provided text.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Immigrants+8Good For Hispanic Americans+7Good For African Americans+5Good For Asian Americans+5Good For Low Income Households+5Good For Native Americans+5
- Governance And Ideology
- Improves Due Process+8Improves Privacy Rights+7Improves Freedom Of Speech+5Improves Government Transparency+4
- Social Issues And Justice
- Improves Racial Equity+7Improves Policing Reform+6Improves Freedom Of Speech+5
- 2/5/2026
- 1 Cosponsor added.
- 1/29/2026
- Read twice and referred to the Committee on the Judiciary.
- 1 Cosponsor added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Richard BlumenthalDemocrat · Connecticut
Ron WydenDemocrat · Oregon