,,ii  #aaith ,,congress  #b;d ,session  
,s4 #cgde  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #bi1  
#bjbf,mr4 ,merkley 7for himself and ,mr4
 ,wyden7 introduced the following bill2 
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to provide a civil remedy for any    
individual whose rights have been       
violated by an officer or agent of      
,u4,s4 ,customs and ,border ,protection 
or ,u4,s4 ,immigration and ,customs     
,enforcement4  #a4 ,short title ,this   
,act may be cited as the ,,ice and ,,cbp
 ,constitutional ,accountability ,act4  
#b4 ,findings ,congress finds the       
following3 7#a7 ,the ,first1 ,fourth1   
,fifth1 and ,fourteenth ,amendments to  
the ,constitution of the ,united ,states
 were passed by ,congress and ratified  
by the ,state legislatures to ensure the
 protection of fundamental rights for   
the people of the ,united ,states4  7#b7
 ,u4,s4 ,immigration and ,customs       
,enforcement and ,u4,s4 ,customs and    

,border ,protection officers and agents 
have undermined the fundamental rights  
guaranteed by those amendments1         
including-- 7,a7 violating due process2 
7,b7 racial profiling based on          
individuals' skin color and languages   
spoken2  7,c7 conducting unreasonable   
and warrantless searches and seizures2  
and  7,d7 violating individuals' rights 
to privacy and free speech4  7#c7 ,the  
recent and ongoing reckless conduct by  
,u4,s4 ,immigration and ,customs        
,enforcement and ,u4,s4 ,customs and    
,border ,protection has resulted in     
needless injuries1 deaths1 and public   
distrust of the ,federal ,government4   
7#d7 ,civil suits provide individuals a 
remedy when their fundamental rights are
 violated by ,government officials4  #c4
 ,civil remedy for victims of unlawful  
immigration enforcement actions ,chapter
 #aga of title #bh1 ,united ,states     
,code 7commonly known as the ,federal   
,tort ,claims ,act7 is amended1 in      
section #bfgd1 by inserting after       

punitive damages4 the following3 ,if1   
while acting under color of law1 an     
officer or agent of ,u4,s4 ,customs and 
,border ,protection or ,u4,s4           
,immigration and ,customs ,enforcement1 
or any other person acting under the    
direction of any such officer or agent1 
subjects1 or causes to be subjected1 any
 individual within the jurisdiction of  
the ,united ,states to the deprivation  
of any rights1 privileges1 or immunities
 secured by the ,united ,states         
,constitution or laws1 the ,united      
,states ,government shall be liable to  
the aggrieved party in an action at law1
 a suit in equity1 or any other proper  
proceeding for redress1 regardless of   
whether a policy or custom of the       
,department of ,homeland ,security      
caused the violation and without regard 
to whether the officer1 agent or other  
person was acting consistent with an    
official policy1 practice1 or custom4   
,monetary damages awarded in cases      
authorized under this paragraph shall be

 derived from any amounts appropriated  
under title ,,ix and sections #ajjjea   
and #ajjjeb of ,public ,law #aai-ba and1
 if such amounts have been depleted1    
amounts appropriated pursuant to section
 #acjd of title #ca1 ,united ,states    
,code4 ,section #bfge7;a7 of title #bh1 
,united ,states ,code1 shall not apply  
to a civil action authorized under this 
paragraph4 ,notwithstanding any other   
provision of law1 in cases authorized   
under this paragraph1 a plaintiff may   
seek punitive damages4 ,this paragraph  
shall constitute a waiver of sovereign  
immunity of the ,united ,states with    
respect to ,u4,s4 ,customs and ,border  
,protection and ,u4,s4 ,immigration and 
,customs ,enforcement for any claim     
brought under this section4 ,nothing in 
this paragraph may be construed to limit
 or preclude any legal1 equitable1 or   
other remedy that is otherwise available
 against an individual officer1 agent1  
or other person44