Bill > HR7297

This bill, titled the "ICE and CBP Constitutional Accountability Act," aims to create a pathway for individuals to seek legal recourse when their constitutional rights are violated by officers or agents of U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP). It proposes amending the Federal Tort Claims Act, a law that generally allows people to sue the government for certain torts (civil wrongs), to specifically include violations of constitutional rights by ICE and CBP personnel. This means that if an ICE or CBP officer or agent, acting under the authority of their job, deprives someone within the U.S. of their constitutional rights, such as due process, freedom from unreasonable searches, or privacy, the U.S. government can be held liable. Importantly, this liability would apply even if the violation wasn't due to a specific policy or custom of the Department of Homeland Security, and individuals would be able to seek punitive damages, which are intended to punish wrongdoing, and the usual requirement to first file an administrative claim with the agency before suing would not apply. This provision is intended to waive the government's immunity from lawsuits in these specific cases, meaning the government agrees to be sued, while also clarifying that it doesn't prevent individuals from suing the specific officers or agents involved.

Justice

https://www.congress.gov/bill/119th-congress/house-bill/7297/all-info