Merkley Bill Would Let People Sue ICE and CBP Over Constitutional Violations

Sen. Jeff Merkley (D‑Ore.) has introduced legislation that would allow individuals to sue Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) when agents allegedly violate their constitutional rights, according to a copy of the bill shared with Semafor.

The proposal would permit people who are deprived of "rights, privileges, or immunities" by ICE or CBP to bring suit against the federal government. Any awards would be paid from funds allocated in last year’s tax‑cuts law, which included billions of dollars designated for immigration enforcement.

This measure faces strong partisan resistance: Republicans are expected to block it, while Democrats say the bill signals the scale of changes they believe are needed to restore accountability within immigration enforcement agencies.

"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," Merkley said.

Rep. Andrea Salinas (D‑Ore.) is leading the House companion bill and described the measure as a deterrent to illegal enforcement practices that can allow ICE and CBP to operate "with impunity."

Why It Matters

Supporters say the bill would create a clear legal path for victims of alleged constitutional violations to seek redress and could force agencies to change problematic practices. Opponents argue it could undermine enforcement operations and would likely be litigated intensely if it advanced.

As introduced, the bill highlights an emerging Democratic priority: coupling enforcement funding with mechanisms to hold agencies accountable for civil‑rights violations. Whether it advances will depend on congressional negotiations and the broader political landscape.