S.Amdt. 4294

SA 4294. Ms. DUCKWORTH submitted an amendment intended to be proposed
by her to the bill H.R. 7148, making further consolidated
appropriations for the fiscal year ending September 30, 2026, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _____. CITIZENS ARE AS IMPORTANT AS SENATORS.

(a) Short Title.--This section may be cited as the
``Citizens Are as Important as Senators Act''.
(b) Private Cause of Action.--
(1) Definition.--In this subsection:
(A) Covered individual.--The term ``covered individual''
means--
(i) a citizen or national of the United States who was--

(I) arrested or detained in the course of a Federal law
enforcement operation--

(aa) in Illinois under Operation Midway Blitz;
(bb) in Minnesota under Operation Metro Surge; or
(cc) in connection with any Department of Homeland Security
enforcement operation involving the deployment of a large
number of U.S. Immigration and Customs Enforcement or U.S.
Customs and Border Protection officers or agents to a
specific metropolitan area; and

(II) later released without charges and never formally
accused of wrongdoing; or

(ii) a family member of a national of the United States
killed in an operation described in clause (i)(I).
(B) National of the united states.--The term ``national of
the United States'' has the meaning given the term in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
(2) Private cause of action.--
(A) Cause of action.--Any covered individual may bring a
civil action against the United States if the violation was
committed by an officer, employee, or agent of the United
States or of any Federal department or agency.
(B) Relief.--
(i) In general.--If a covered individual prevails on a
claim under this section, the court shall award--

(I) except as provided in clause (ii), the greater of--

(aa) statutory damages of $500,000; or
(bb) the amount of actual damages;

(II) reasonable attorney's fees and costs of litigation;
and
(III) such injunctive or declaratory relief as may be
appropriate.

(ii) Family members.--In the case of a covered individual
described in paragraph (1)(A)(ii), the court shall award the
greater of--

(I) statutory damages of not less than $500,000; or
(II) the amount of actual damages.

(iii) Preliminary relief.--Upon motion by a covered
individual, a court may award such preliminary injunctive
relief as the court determines appropriate with respect to a
claim under this section.
(C) Limitations and immunity.--
(i) Period of limitations.--A civil action under this
section may not be commenced later than 5 years after the
covered individual first obtains actual notice of the
violation of this section.
(ii) No immunity defense.--No officer, employee, or agent
of the United States or of any Federal department or agency
shall be entitled to assert any form of absolute or qualified
immunity as a defense to liability under this section.
(D) Waiver of sovereign immunity.--The United States
expressly waives sovereign immunity with respect to actions
brought under this section.
(E) Affirmative defense for target investigations.--It
shall be an affirmative defense to an action under this
section if the United States establishes that--
(i) the individual had an outstanding Federal warrant for
their arrest; or
(ii) the individual was arrested or detained in relation to
an investigation other than an investigation described in
paragraph (1)(A)(i)(I).
(3) Limited retroactive applicability.--This section shall
apply to any arrest or detention described in paragraph
(1)(A)(i)(I)--
(A) in the case of Operation Midway Blitz, occurring on or
after September 8, 2025;
(B) in the case of Operation Metro Surge, occurring on or
after December 1, 2025; and
(C) in the case of an investigation described in item (cc)
of that paragraph, occurring on or after January 20, 2025.
______