ICE and CBP Constitutional Accountability Act (S. 3745)

Summary

The ICE and CBP Constitutional Accountability Act is a bill introduced in the Senate on January 29, 2026. The main purpose of the bill is to provide a civil remedy for individuals whose rights have been violated by officers or agents of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE).

Key Provisions:

1. Civil Remedy: The bill amends the Federal Tort Claims Act to allow individuals to sue the U.S. government for civil rights violations committed by CBP or ICE officers/agents, regardless of whether the violation was consistent with official policy.

2. Damages: The bill authorizes monetary damages to be awarded to aggrieved parties. The damages would be derived from appropriated funds, and the usual administrative claims process under the Federal Tort Claims Act would not apply.

3. Punitive Damages: The bill explicitly allows plaintiffs to seek punitive damages in these civil cases, waiving the government's sovereign immunity.

4. Other Legal Remedies: The bill clarifies that the civil remedy it creates does not limit or preclude any other legal, equitable, or other remedies that may be available against individual officers or agents.

Impact:

• The bill aims to hold CBP and ICE accountable for alleged civil rights violations, such as due process violations, racial profiling, unreasonable searches and seizures, and infringement of privacy and free speech rights.

• By providing a direct civil remedy against the government, the bill seeks to deter unconstitutional conduct by CBP and ICE officers and agents and give victims a path to seek redress.

• The availability of punitive damages could significantly increase the financial exposure and consequences for the government in these types of civil rights cases.

Overall, the ICE and CBP Constitutional Accountability Act is intended to enhance civil liberties protections and oversight of federal immigration enforcement agencies through the courts.