For Our Republic Act

(a) Definitions.— In this section:

(1) Biometric surveillance system.— The term biometric surveillance system means computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph.

(2) Covered immigration officer.— The term covered immigration officer means any individual who is—

(A) authorized to perform immigration enforcement functions; and

(B)

(i) an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection;

(ii) an officer, employee, agent, contractor, or subcontractor of U.S. Immigration and Customs Enforcement; or

(iii) an individual authorized, deputized, or designated to perform immigration enforcement functions pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).

(3) Facial recognition.— The term facial recognition means an automated or semi-automated process that—

(A) assists in identifying an individual, capturing information about an individual, matching an individual to a list or otherwise generating or assisting in generating surveillance or identification information about an individual based on the physical characteristics of the individual’s face; or

(B) logs characteristics of an individual’s face, head, or body to infer emotion, associations, activities, or the location of an individual.

(4) Other biometric recognition.— The term other biometric recognition—

(A) means an automated or semi-automated process that—

(i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual’s gait or other immutable characteristic ascertained from a distance;

(ii) uses voice recognition technology; or

(iii) logs characteristics referred to in clause (i) or (ii) to infer emotion, associations, activities, or the location of an individual; and

(B) does not include identification based on fingerprints or palm prints not ascertained from a distance.

(5) Voice recognition technology.— The term voice recognition technology means an automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual’s voice.

(b) Prohibition on the use of biometric surveillance by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection.—

(1) In general.— It shall be unlawful for any covered immigration officer to acquire, possess, access, or use in the United States—

(A) any biometric surveillance system; or

(B) information derived from a biometric surveillance system operated by another entity.

(2) Biometric data deletion.— All information collected by a covered immigration officer for use in, or derived from, a biometric surveillance system, including information collected before the date of the enactment of this Act, shall be deleted not later than 30 days after the date of the enactment of this Act.

(3) Judicial investigations and proceedings.—

(A) Admissibility.— Except in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding.

(B) Cause of action.—

(i) In general.— A violation of this section constitutes an injury to any individual aggrieved by such violation.

(ii) Right to sue.— An individual aggrieved by a violation of this section may institute proceedings against the Federal Government whose covered immigration officer is alleged to have violated this section for the relief described in clause (iv) in any court of competent jurisdiction.

(iii) Enforcement by state attorneys general.— The chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of such State in an appropriate district court of the United States to enforce this section, whenever the chief law enforcement officer or other State officer determines the interests of the residents of such State have been or are being threatened or adversely affected by a violation of this section.

(iv) Relief.— In a civil action authorized under clause (ii) in which the plaintiff prevails, the court may award—

(I) actual damages;

(II) punitive damages;

(III) reasonable attorneys’ fees and costs; and

(IV) any other relief, including injunctive relief, that the court determines to be appropriate.

(4) Civil penalties.— Any covered immigration officer who violates this section may be subject to retraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, and subject to applicable due process requirements.

(5) Rule of construction.— Nothing in this section may be construed to preempt or supersede any Federal, State, or local law absent actual conflict with the limitations on covered immigration officers imposed by this section.

(a) Short title.— This section may be cited as the “ICE and CBP Constitutional Accountability Act”.

(b) 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 fundamental rights for the people of the United States.

(2) U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection officers 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 Government officials.

(c) Civil remedy for victims of unlawful immigration enforcement actions.— Section 2674 of title 28, United States Code, is amended by inserting after “punitive damages.” the following:

“If, while acting under color of law, an officer or agent of U.S. Customs and Border Protection 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 secured 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 policy 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 amounts appropriated under title IX and sections 100051 and 100052 of Public Law 119–21 and, if such amounts have been depleted, from amounts appropriated pursuant to section 1304 of title 31. The requirement set forth in section 2675(a) shall not apply to a civil action authorized under this paragraph. 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 individual officer, agent, or other person.”.

(a) Definitions.— In this section:

(1) Law enforcement agency.— The term law enforcement agency means any Federal, State, local, or Tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws.

(2) Law enforcement agent.— The term law enforcement agent means any Federal, State, local, or Tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency.

(3) Racial profiling.— The term racial profiling means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme.

(4) Routine or spontaneous investigatory activities.— The term routine or spontaneous investigatory activities means the following activities by a law enforcement agent:

(A) Interviews.

(B) Traffic stops.

(C) Pedestrian stops.

(D) Frisks and other types of body searches.

(E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians.

(F) Data collection and analysis, assessments, and predicated investigations.

(G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out.

(H) Immigration-related workplace investigations.

(b) Prohibition.— No law enforcement agent or law enforcement agency shall engage in racial profiling.

(c) Enforcement.— The United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States.