ICE and CBP Constitutional Accountability Act

Term Dictionary

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The gist

Creates a new right to sue the U.S. government when ICE or CBP agents violate constitutional rights like due process, free speech, or protection from illegal searches.

Who wins, who loses

Wins: people racially profiled or unlawfully searched by ICE/CBP, immigration attorneys, civil rights groups.

Loses: ICE and CBP agencies facing more lawsuits; Department of Homeland Security (DHS) budget paying judgments.

What it does

Amends the Federal Tort Claims Act to waive sovereign immunity for ICE and CBP misconduct cases.

Allows punitive damages, which the Federal Tort Claims Act normally bans.

Skips the usual requirement to file an administrative claim before suing.

Makes government liable even if the officer followed official DHS policy.

Why should I care?

Supporters say victims of racial profiling, illegal searches, or excessive force currently have almost no way to win against the federal government, and this bill fixes that gap. Critics argue it could flood courts with lawsuits, drain DHS funds, and discourage officers from enforcing immigration law. Where do you land? Vote below and use "Tell Your Rep" to make sure your voice reaches Congress.

What do you think about this bill?

Vote to see who sponsored it!

Bill ID: hr7297-119
Congress Session: 119
Date Processed: 2026-07-11 14:19:53 (UTC)
Introduced: 2026-01-30
Status: Introduced