ICE and CBP Constitutional Accountability Act
House Bill Would Let People Sue ICE and CBP for Constitutional Violations
Legislative Progress
Key Points
- This bill would give people the right to sue the federal government if their constitutional rights are violated by immigration or border officers. It covers basic protections like the right to privacy, free speech, and the right to be safe from unfair searches and seizures.
- The law specifically focuses on the actions of officers from U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. It aims to hold these agencies accountable for problems like racial profiling or searching people's property without a warrant.
- Right now, it is very difficult to sue federal agencies because of a legal rule that protects the government from most lawsuits. This bill would remove that protection, making it easier for people to go to court if they are mistreated by these specific federal agents.
- If a judge finds that an officer violated someone's rights, the government would have to pay for the damage caused. This would be true even if the officer was just following their agency's standard rules. The bill also allows for extra money to be awarded to punish the government for especially bad actions.
- The money for these payments would come from specific government funds. The goal of the bill is to make sure there are real consequences for government misconduct and to help rebuild public trust in federal law enforcement.
Impact Analysis
Personal Impact
ICE and CBP officers and agents would face increased personal and institutional accountability for their actions. While the bill's lawsuits target the government rather than individual officers, the bill explicitly preserves other legal remedies against individual agents. This could create a more cautious enforcement environment and potentially affect morale, training requirements, and operational procedures for the roughly 80,000+ combined ICE and CBP personnel.
Broader Impacts
State Impacts
Milestones
Referred to the House Committee on the Judiciary.
Introduced in House
The bill was officially filed and given a number. It now enters the legislative queue.
Votes
No votes have been recorded for this legislation yet.
Related News
5 articles
US lawmakers unveil bill to hold ICE and CBP liable for constitutional violations
Rep. Andrea Salinas and Sen. Jeff Merkley introduced the ICE and CBP Constitutional Accountability Act to create a specific cause of action against the federal government for constitutional violations by immigration officers, aiming to deter "aggressive and abusive enforcement practices."

Oregon lawmakers back bill allowing lawsuits against ICE & CBP for constitutional rights violations
Oregon lawmakers are pushing federal legislation to allow individuals to sue the government if ICE or CBP officers violate their rights. The bill would make the government civilly liable for damages, addressing concerns like detentions without warrants and denial of access to attorneys.
Jayapal, Booker reintroduce bill to allow lawsuits against ICE, CBP
Rep. Pramila Jayapal and Sen. Cory Booker reintroduced legislation to waive sovereign immunity for ICE and CBP, allowing individuals to sue for constitutional violations. The bill aims to close the 'Bivens' loophole that often prevents federal agents from being held liable.
Source Information
Document Type
Congressional Bill
Official Title
ICE and CBP Constitutional Accountability Act
Data Sources
Sponsor
Cosponsors
(24)Analysis generated by AI. Always verify with official sources.