SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The First, Fourth, Fifth, 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 funda-
mental rights for the people of the United States. 
(2) U.S. Immigration and Customs Enforce-
ment and U.S. Customs and Border Protection offi-
cers and agents have undermined the fundamental 
rights guaranteed by those amendments, including— 
(A) violating due process; 
(B) racial profiling based on individuals’ 
skin color and languages spoken; 
(C) 
conducting 
unreasonable 
and 
warrantless searches and seizures; and 
(D) violating individuals’ rights to privacy 
and free speech. 
(3) The recent and ongoing reckless conduct by 
U.S. Immigration and Customs Enforcement and 
U.S. Customs and Border Protection has resulted in 
needless injuries, deaths, and public distrust of the 
Federal Government. 
(4) Civil suits provide individuals a remedy 
when their fundamental rights are violated by Gov-
ernment officials. 
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SEC. 3. CIVIL REMEDY FOR VICTIMS OF UNLAWFUL IMMI-
GRATION ENFORCEMENT ACTIONS. 
Chapter 171 of title 28, United States Code (com-
monly known as the ‘‘Federal Tort Claims Act’’) is 
amended, in section 2674, by inserting after ‘‘punitive 
damages.’’ the following: ‘‘If, while acting under color of 
law, an officer or agent of U.S. Customs and Border Pro-
tection or U.S. Immigration and Customs Enforcement, 
or any other person acting under the direction of any such 
officer or agent, subjects, or causes to be subjected, any 
individual within the jurisdiction of the United States to 
the deprivation of any rights, privileges, or immunities se-
cured by the United States Constitution or laws, the 
United States Government shall be liable to the aggrieved 
party in an action at law, a suit in equity, or any other 
proper proceeding for redress, regardless of whether a pol-
icy or custom of the Department of Homeland Security 
caused the violation and without regard to whether the 
officer, agent or other person was acting consistent with 
an official policy, practice, or custom. Monetary damages 
awarded in cases authorized under this paragraph shall 
be derived from any amounts appropriated under title IX 
and sections 100051 and 100052 of Public Law 119–21 
and, if such amounts have been depleted, amounts appro-
priated pursuant to section 1304 of title 31, United States 
Code. Section 2675(a) of title 28, United States Code, 
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shall not apply to a civil action authorized under this para-
graph. Notwithstanding any other provision of law, in 
cases authorized under this paragraph, a plaintiff may 
seek punitive damages. This paragraph shall constitute a 
waiver of sovereign immunity of the United States with 
respect to U.S. Customs and Border Protection and U.S. 
Immigration and Customs Enforcement for any claim 
brought under this section. Nothing in this paragraph may 
be construed to limit or preclude any legal, equitable, or 
other remedy that is otherwise available against an indi-
vidual officer, agent, or other person.’’. 
Æ 
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