This bill changes the Federal Tort Claims Act (chapter 171 of title 28) to give people a civil remedy when an officer or agent of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE), or someone acting under their direction, deprives a person of rights or privileges secured by the U.S. Constitution or federal law. The change says the United States shall be liable for those claims, waives sovereign immunity for CBP and ICE in such cases, and allows plaintiffs to seek punitive damages. The bill also states that Section 2675(a) of title 28 shall not apply to these actions and that monetary damages shall be paid from specified appropriations.
If a person within the United States believes their constitutional rights were violated by a CBP or ICE officer, this bill would let them bring a civil suit against the United States for redress. The bill also says people keep any other legal or equitable remedies available against individual officers or agents.
The bill says monetary damages awarded under this new paragraph must be paid from amounts appropriated under title IX and sections 100051 and 100052 of Public Law 119-21. If those amounts are depleted, payments may come from amounts appropriated under section 1304 of title 31, United States Code. No publicly available information on expected total costs or budget estimates beyond these appropriation directions.
The bill cites findings that the First, Fourth, Fifth, and Fourteenth Amendments protect fundamental rights; that ICE and CBP officers have undermined those rights (including alleged due process violations, racial profiling, unreasonable searches and seizures, and violations of privacy and free speech); and that civil suits provide a remedy when government officials violate people’s rights.
No publicly available information.