Bill > S3745

This bill, titled the "ICE and CBP Constitutional Accountability Act," establishes a civil remedy for individuals whose constitutional rights have been violated by officers or agents of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE). The bill finds that these agencies have undermined fundamental rights guaranteed by the Constitution, such as due process, freedom from racial profiling, protection against unreasonable searches and seizures, and rights to privacy and free speech, leading to injuries, deaths, and public distrust. To address this, the bill amends the Federal Tort Claims Act, a law that generally allows people to sue the government for the wrongful acts of federal employees. Specifically, it allows individuals to sue the U.S. government for damages if a CBP or ICE officer or agent, acting under the authority of their job, deprives any person within the U.S. of their constitutional rights, even if the violation wasn't caused by official policy or practice. This provision waives the government's sovereign immunity, meaning the U.S. can be sued in these cases, and importantly, allows individuals to seek punitive damages, which are intended to punish wrongful conduct, a remedy often not available under the Federal Tort Claims Act. The bill also clarifies that this new remedy does not prevent lawsuits against individual officers or agents.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/3745/all-info