Merkley, Salinas Lead New Bill to Hold ICE, CBP Accountable for Abusing Americans’ Constitutional Rights

Washington, D.C. - Today, Oregon's U.S. Senator Jeff Merkley and U.S. Representative Andrea Salinas (OR-06) introduced new legislation to hold U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) liable for violating individuals' constitutional rights.

The ICE and CBP Constitutional Accountability Act would make the federal government civilly liable when a CBP or ICE officer violates one's constitutional rights, creating a cause of action against the federal government and directing that any damages awarded in such cases be first drawn from the Republicans' One Big Beautiful Bill Act funds. That Republican budget reconciliation bill handed more than $150 billion to ICE, CBP, and the U.S. Department of Homeland Security (DHS) for immigration enforcement, which the Trump Administration is using to implement its cruel enforcement campaign nationwide and tighten its authoritarian grip.

"All Americans should be outraged that Trump's lawless federal agents are trampling on the Constitution and terrorizing our communities," said Merkley. "ICE and CBP must face consequences if their agents wrongfully violate citizens' rights to protest and free speech, search people's homes without a warrant, or deny due process. If we allow Trump to continue using ICE and CBP to stoke fear and even kill innocents, we surrender the values that define us as Americans. I say, 'HELL NO,' and my ICE and CBP Constitutional Accountability Act gives Americans the legal tools to hold the federal government accountable when these agents break the law-standing up for the rights of all in the face of Trump's strongman tactics."

"President Trump's immigration enforcers are violating our Constitutional rights," said Salinas. "In my district alone, ICE and CBP have arrested and detained American citizens, including a 17-year-old from McMinnville. They have denied immigrants their right to due process, including a wildland firefighter from Keizer who was fighting a wildfire in Washington. And their violent tactics have resulted in the deaths of American citizens. It's clear the Trump Administration has no intention of holding ICE and CBP accountable for their abuses of power. This bill would force accountability on the Administration by allowing people to sue the federal government when ICE and CBP violate their rights, which deters illegal enforcement practices and prevents ICE and CBP from operating with impunity. No one is above the law, and this bill ensures that."

As Ranking Member of the Senate Budget Committee, Merkley led the charge to oppose the Republican 'Big, Ugly Betrayal' of a budget bill last year-which included nearly $75 billion in slush funds for ICE and another $70 billion for CBP. He has continued to speak out against ICE and CBP terrorizing communities across the nation, partnering with Salinas to defend Oregonians from ICE and CBP's shady tactics and the risks they pose to the state.

The ICE and CBP Constitutional Accountability Act is co-sponsored by U.S. Senator Ron Wyden (D-OR).

Full text of the ICE and CBP Constitutional Accountability Act can be found by clicking here.

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