[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3891 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3891
To establish an independent commission within the legislative branch
responsible for ensuring oversight, transparency, and accountability in
immigration enforcement operations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2026
Mr. Coons (for himself and Ms. Warren) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish an independent commission within the legislative branch
responsible for ensuring oversight, transparency, and accountability in
immigration enforcement operations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ICE Accountability Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable requirements.--The term ``applicable
requirements'' means all constitutional, statutory, regulatory,
policy, and other requirements relating to the civil rights and
civil liberties of individuals affected by the activities of
immigration agencies, including such requirements under the
Department of Homeland Security Appropriations Act, 2026 or a
subsequent Department of Homeland Security appropriations Act.
(2) Commission.--The term ``Commission'' means the
Commission for Independent Monitoring of Immigration
Enforcement established under section 3.
(3) Immigration agency.--The term ``immigration agency''
means Immigration and Customs Enforcement, U.S. Customs and
Border Protection, and any other agency employing agents
temporarily or permanently tasked with engaging in immigration
enforcement.
(4) Whistleblower.--The term ``whistleblower'' means an
employee of an immigration agency who provides information to
the Commission regarding conduct that the whistleblower
reasonably believes constitutes an alleged violation of the
applicable requirements.
SEC. 3. COMMISSION FOR INDEPENDENT MONITORING OF IMMIGRATION
ENFORCEMENT.
(a) Establishment.--There is hereby established in the legislative
branch an independent commission, to be known as the Commission for
Independent Monitoring of Immigration Enforcement.
(b) Purposes.--The purposes of the Commission are--
(1) to ensure rigorous, independent oversight of
immigration agencies' compliance with applicable requirements;
(2) to investigate whether immigration agencies have failed
to comply with applicable requirements; and
(3) to ensure public transparency of immigration
enforcement operations.
(c) Duties.--The Commission shall--
(1) monitor immigration agencies during immigration
enforcement activities related to arrest, detention,
deportation, and surveillance operations, including by--
(A) observing agents during operations; and
(B) conducting on-site visits, which may be
conducted without notice, provided that the Commission
makes good faith efforts to provide advance notice of
on-site visits and activities to immigration agencies
if the Commission determines that advance notice is
practicable, appropriate, and would not undermine the
goals of its oversight;
(2) review any information and data, including encounter
documents, training materials, civil rights complaints, body
camera footage, and other records, in possession of the
Department of Homeland Security pertaining to immigration
enforcement activities;
(3) issue monthly reports to Congress that contain
evaluations of immigration agencies' compliance with applicable
requirements, and make all such reports publicly accessible;
(4) maintain a publicly accessible website that--
(A) allows members of the public to upload
complaints;
(B) allows, as the Commission deems appropriate and
consistent with applicable law, members of the public
to view anonymized complaint information;
(C) contains detailed data released by the
Commission related to immigration agencies' enforcement
actions, disaggregated by geographic location; and
(D) contains all reports and findings issued by the
Commission;
(5) promptly review complaints submitted by members of the
public to inform findings;
(6) if approved by a vote of at least 3 of 4 monitors--
(A) issue formal findings of serious or willful
violations of applicable requirements;
(B) refer matters to the Department of Justice
recommending prosecution under section 242 of title 18,
United States Code, or to a State attorney general
recommending prosecution under State law, upon findings
indicating potential criminal conduct;
(C) hold public hearings about potential violations
of applicable requirements;
(D) initiate a civil action in accordance with
section 4(b) to seek enforcement of the applicable
requirements; and
(E) make recommendations to Congress for reforms to
immigration enforcement operations and ways to
strengthen immigration enforcement oversight by the
Department of Homeland Security's Office of Inspector
General, Office for Civil Rights and Civil Liberties,
and Office of the Immigration Detention Ombudsman based
on the Commission's findings; and
(7) at the request of the Chair or Ranking Member of the
Committee on the Judiciary of the Senate, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on the Judiciary of the House of Representatives, the
Committee on Homeland Security of the House of Representatives,
or the Committee on Oversight and Government Reform of the
House of Representatives, and at least quarterly, testify to
Congress on the Commission's findings and recommendations.
(d) Authorities.--
(1) Access to department of homeland security systems.--The
Commission is entitled to access, without prior notice, in a
reasonable manner that, consistent with the Commission's
responsibilities, minimizes interference with daily operations,
to monitor and observe all Department of Homeland Security
records, facilities and other property, trainings, meetings,
incident scenes, and personnel that--
(A) are relevant to immigration enforcement; and
(B) the Commission reasonably considers necessary
to carry out its duties.
(2) Subpoena power.--The Commission is authorized, by a
vote of at least 3 of 4 monitors, to subpoena witness testimony
and all records in the possession of the Department of Homeland
Security related to the Department's compliance or
noncompliance with applicable requirements, in case of a
violation by the Department of its obligations to ensure the
Commission's access to Department systems.
(3) Consultation with external experts.--The Commission may
procure the temporary and intermittent services of external
experts in accordance with section 3109(b) of title 5, United
States Code, including in the process of developing its
monitoring methodology, evaluation metrics, and standards for
determining a serious or willful violation of applicable
requirements.
(4) Contracting authority.--The Commission may expend funds
appropriated to the Commission to enter into contracts that
enable the Commission to discharge its duties under this
section.
(5) Civil action.--The Commission may select attorneys to
bring a civil action against an immigration agency--
(A) to enforce subpoenas issued pursuant to
paragraph (2) and access requirements described in
section 7(a); and
(B) to seek a judicial order described in section
4(b).
SEC. 4. JUDICIAL ENFORCEMENT.
(a) Civil Action.--
(1) In general.--If the Commission determines that an
immigration agency has engaged in a serious or willful
violation of applicable requirements, the Commission is
authorized, through attorneys selected by the Commission, to
bring a civil action in the United States District Court for
the District of Columbia against any immigration agency.
(2) Judicial order.--The court referred to in paragraph (1)
is authorized to impose penalties pursuant to subsection (b) or
to issue any decree, judgment, or order that may be necessary
or appropriate to ensure the immigration agency complies with
all applicable requirements.
(b) Penalties.--An immigration agency that has engaged in a serious
or willful violation of applicable requirements shall be subject to a
penalty equal to $500,000 for each day such agency remains out of
compliance with such requirements.
(c) Liability of Immigration Agency for Agents' Actions.--The
noncompliance of any individual agent shall be imputed to the
immigration agency that supervises such agent.
SEC. 5. PERSONNEL.
(a) Appointment of Monitors.--Not later than 30 days after the date
of the enactment of this Act, 4 monitors shall be appointed to the
Commission, of whom--
(1) 1 monitor shall be appointed by the Speaker of the
House of Representatives, with the consent of the minority
leader of the House of Representatives;
(2) 1 monitor shall be appointed by the minority leader of
the House of Representatives, with the consent of the Speaker
of the House of Representatives;
(3) 1 monitor shall be appointed by the majority leader of
the Senate, with the consent of the minority leader of the
Senate; and
(4) 1 monitor shall be appointed by the minority leader of
the Senate, with the consent of the majority leader of the
Senate.
(b) Qualifications.--
(1) Expertise.--Each monitor shall have significant depth
of experience and nationally recognized expertise in a relevant
field, such as civil rights enforcement (including rights
guaranteed under the First, Fourth, and Fourteenth Amendments
to the Constitution of the United States), law enforcement best
practices, immigration law, Department of Homeland Security
operations, and monitoring and evaluation.
(2) Nongovernmental appointees.--No monitor appointed to
the Commission, no Executive Director, and no staff of the
Commission may hold any other office or employment with the
Federal Government or any State or local government while
working for the Commission.
(3) Conflict of interest.--No individual serving as a
monitor, no Executive Director, and no staff of the Commission
may have any conflict of interest with respect to any aspect of
performing their duties and responsibilities on the Commission.
(4) Eligibility for security clearances.--Every monitor and
staff member shall--
(A) be eligible to receive a security clearance of
a level adequate to access all Department of Homeland
Security systems that the Commission determines to be
relevant to carrying out its duties; or
(B) if the monitor or staff member lacks the
requisite security clearance, begin the process of
obtaining a security clearance upon joining the
Commission.
(5) Training.--Each monitor and staff member shall receive
training on protecting the integrity of ongoing and future
civil and criminal investigations into matters under the
Commission's purview.
(c) Term.--Each monitor shall serve a 5-year term. If a monitor
departs before the end of his or her term, a new monitor shall be
appointed in his or her place within 30 days of such departure, using
the same appointment process as used for the departing monitor.
(d) Compensation.--Each monitor shall perform full-time services
and be paid at the annual rate of basic pay for level I of the
Executive Schedule.
(e) Staffing.--
(1) In general.--The Commission, at the direction of the
Executive Director, shall hire appropriate staff members to
enable the Commission to carry out its duties.
(2) Executive director.--Not later than 30 days after all
monitors have been appointed to the Commission, the monitors
shall jointly select an individual with demonstrated,
nationally recognized expertise in law enforcement best
practices to serve as Executive Director of the Commission and
to guide the daily operations of the Commission's monitoring
functions.
SEC. 6. SUNSET PROVISION.
(a) In General.--Not earlier than 4 years after the date of the
enactment of this Act and not later than 180 days after at least 3 of
the 4 monitors of the Commission determine that the immigration
agencies have all been in substantial compliance with the applicable
requirements for at least 1 year, the Commission shall terminate
operations.
(b) Pause on Sunsetting.--If, after a determination described in
subsection (a) is made and before the Commission terminates operations,
the Commission determines that 1 or more of the immigration agencies
are no longer in substantial compliance with the applicable
requirements, the Commission may reverse the decision to terminate
operations by a vote of at least 3 of the 4 monitors.
SEC. 7. OBLIGATIONS OF FEDERAL AGENCIES.
(a) Department of Homeland Security.--The Secretary of Homeland
Security shall--
(1) permit and facilitate the Commission's prompt access to
all Department of Homeland Security records, personnel, and
facilities, including facilities operated or owned by a
contractor of the Department;
(2) designate an office in the Department charged with
liaising with the Commission and ensuring adherence with all
provisions of this Act; and
(3) notify the Commission as soon as practicable, and in no
case more than 12 hours after the event, of any critical
firearm discharge, in-custody death, or death during an
encounter with an immigration officer.
(b) General Services Administration.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis,
administrative support and other services for the performance of the
Commission's functions. Office facilities provided to the Commission
under this subsection may not be shared with an entity of the executive
branch.
(c) Security Clearances.--Any agency involved in reviewing
applications for, granting, or revoking security clearances shall
perform such functions for members and staff of the Commission in the
same manner as they are performed for other Federal personnel.
(d) Prohibition Against Retaliation.--
(1) In general.--A Federal employee may not (directly or
indirectly) discharge, demote, suspend, threaten, blacklist,
harass, or in any other manner discriminate against a
whistleblower because of any lawful act done by the
whistleblower in--
(A) providing information to the Commission
regarding any conduct that the whistleblower reasonably
believes constitutes an alleged violation of the
applicable requirements; or
(B) initiating, testifying in, or assisting in any
Commission process, or preparing to take any such
action.
(2) Enforcement.--In addition to any other remedies
otherwise available, the rights, procedures, and remedies under
section 5323 of title 31, United States Code, are available and
shall apply to a judicial or administrative action based on or
related to information provided by a whistleblower in the same
manner as such rights, procedures, and remedies apply to a
covered judicial or administrative action under that section.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commission such sums
as may be necessary for each fiscal year during which the Commission
operates.
SEC. 9. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remaining provisions of this Act, and the application of such
provisions to any other person or circumstance, shall not be affected.
<all>
ICE Accountability Act
#3891 | S Congress #119
Policy Area: Immigration
Subjects:
Last Action: Read twice and referred to the Committee on the Judiciary. (2/12/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text