Oregon lawmakers introduce bill to hold ICE, CBP liable for constitutional violations

PORTLAND, Ore. (KOIN) – Two Oregon lawmakers introduced a bill on Thursday aiming to hold federal immigration authorities accountable for abusing the constitutional rights of Americans.

The ICE and CBP Constitutional Accountability Act – led by Senator Jeff Merkley (D-OR) and Congresswoman Andrea Salinas (D-OR-06) – would make the federal government civilly liable when an officer for Immigration and Customs Enforcement or Customs and Border Patrol violate constitutional rights.

Under the bill, if individuals are awarded damages in cases against the federal government, the damages would first be drawn from President Donald Trump’s Big Beautiful Bill Act (which gave ICE, CBP and the Department of Homeland Security $150 billion, the lawmakers note).

“All Americans should be outraged that Trump’s lawless federal agents are trampling on the Constitution and terrorizing our communities,” Sen. Merkley said in a statement.

“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,” Merkley continued.

“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,” the senator added.

“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.”

The bill states that federal immigration authorities have violated rights to due process, have been racially profiling individuals based on skin color and languages spoken, conducted unreasonable searches and seizures, and have violated rights to free speech and privacy – protected by the First, Fourth, Fifth and Fourteenth Amendments to the U.S. Constitution.

“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,” the bill says.

“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,” Salinas said.

The bill is co-sponsored by Sen. Ron Wyden (D-OR).

KOIN 6 News has reached out to the Department of Homeland Security, which oversees ICE and CBP. This story will be updated if we receive a response.

The bill comes as congressional Democrats and the White House struck a deal on Thursday to avoid a partial government shutdown and temporarily fund DHS. Democrats have been threatening to vote against ICE funding and have called for new restrictions on the agency.

The demands come after the deaths of two protesters — Renee Good and Alex Pretti — at the hands of federal agents in Minnesota.