Congress opens door to sue federal government for ICE, CBP abuse
S. 3745 — ICE and CBP Constitutional Accountability Act · Filed by Jeff Merkley (D-OR) · 2 cosponsors · Introduced Jan 29, 2026 · Referred to committee
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What it does
This bill amends federal law to allow people to sue the U.S. government directly for constitutional violations by ICE and CBP officers—including racial profiling, unlawful searches, and due-process violations. It waives sovereign immunity (the government's legal shield against lawsuits), allows punitive damages, and requires the government to pay settlements from appropriated funds rather than forcing victims to prove the agency had an official policy of wrongdoing.
Why we flagged it
The bill's core function is to create a private right of action against the federal government for constitutional violations by immigration enforcement agents. It is fundamentally a civil-rights and accountability mechanism, not a regulatory or appropriations measure.
What the text implies
- Funding mechanism ties lawsuit payouts to existing DHS appropriations (Title IX, sections 100051–100052 of Public Law 119–21, and 31 USC 1304), potentially creating budget pressure on ICE/CBP operations if settlements deplete allocated funds.
- Waiver of sovereign immunity is broad and applies to any constitutional violation by any person acting under direction of ICE/CBP officers, potentially extending liability beyond direct agency conduct to contractors or state/local partners.
The full analysis lists 4 implications of this text.
Who stands to gain
civil rights law firms; plaintiff attorneys specializing in constitutional torts