HR7297-119

What This Bill Does

The ICE and CBP Constitutional Accountability Act responds to findings that ICE and CBP officers have violated due process, engaged in racial profiling, conducted unreasonable or warrantless searches and seizures, and violated privacy and free-speech rights. It amends the Federal Tort Claims Act so that if an ICE or CBP officer or agent, or a person acting under their direction, deprives an individual in the United States of constitutional or legal rights while acting under color of law, the United States is liable in an action at law, suit in equity, or other proceeding for redress. Liability does not depend on a DHS policy or custom and applies regardless of whether the officer acted consistently with official policy. Damages come first from specified Public Law 119-21 accounts and then the Judgment Fund if those amounts are depleted. The ordinary FTCA administrative-claim requirement does not apply, punitive damages are available, sovereign immunity is waived for ICE and CBP claims, and other remedies against individual officers remain available.

Who Benefits and How

People harmed by unlawful immigration-enforcement actions benefit because they can sue the United States directly for ICE or CBP rights violations without first satisfying the FTCA administrative-claim process. Immigrant communities, border communities, civil rights attorneys, and accountability organizations benefit from a clearer damages and equitable-relief pathway for due process, search, seizure, privacy, speech, and racial-profiling violations. Plaintiffs benefit from punitive damages and from the rule that liability does not require proving an official DHS policy or custom caused the violation.

Who Bears the Burden and How

The United States Government, DHS, ICE, CBP, and DOJ face increased litigation, damages, punitive damages, equitable-relief exposure, and defense costs for officer conduct. ICE and CBP officers face greater scrutiny because the remedy applies to persons acting under their direction and does not preclude individual remedies. Federal funds identified in Public Law 119-21 and then the Judgment Fund would pay monetary awards. Federal courts must hear more immigration-enforcement rights claims without the normal FTCA administrative exhaustion gate.

Key Provisions

• Creates United States liability for constitutional or legal-rights deprivations by ICE or CBP officers and agents acting under color of law.
• Waives sovereign immunity and removes the ordinary FTCA administrative-claim requirement for the new civil remedy.
• Allows damages, equitable relief, punitive damages, and other proper proceedings for redress.
• Funds monetary awards first from specified Public Law 119-21 accounts and then from the Judgment Fund if those accounts are depleted.