ICE and CBP Constitutional Accountability Act

Sponsor: Jeff Merkley (Democratic-OR)January 29, 2026

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Introduced

In Committee

Passed One Chamber

Passed Both Chambers

Signed into Law

Read twice and referred to the Committee on the Judiciary.

Lets people sue the U.S. government if border or immigration agents violate their basic rights.

This bill would let people sue the U.S. government directly if border or immigration agents violate their basic rights. It would allow them to seek money, including extra damages to punish wrongdoing. The bill would also remove a step, letting people go straight to court instead of filing an internal complaint first. This aims to make it easier to get justice for alleged rights violations.

What Would Change

Today, it is generally difficult to sue the U.S. government directly for basic rights violations by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement officers, and punitive damages are typically not allowed. This bill would change that by making the U.S. government directly responsible for such violations, allowing people to seek punitive damages, and removing the need for an administrative claim before filing a lawsuit.

Key Provisions

Lets individuals sue the U.S. government directly if Customs and Border Protection or Immigration and Customs Enforcement officers violate their basic rights.
Allows people to seek extra financial penalties, called punitive damages, from the government in these cases.
Removes the requirement for people to file an administrative claim before suing the government in these specific cases.
Makes the U.S. government responsible for these violations, even if the agency did not have a specific policy or custom causing the problem.

View on Congress.gov

S 3745 · 119th Congress · January 29, 2026 · AI Summary by gemini-2.5-flash · 10/10

ICE and CBP Constitutional Accountability Act

What Would Change

Key Provisions

Lobbying Activity