[Congressional Record Volume 171, Number 212 (Tuesday, December 16, 2025)]
[Senate]
[Page S8791]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4045. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill H.R. 4016, making appropriations for the Department 
of Defense 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, the term ``covered 
     individual'' means a citizen or national of the United States 
     (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a))) who was--
       (A) arrested or detained in the course of a Federal law 
     enforcement operation--
       (i) in Illinois under Operation Midway Blitz;
       (ii) in North Carolina under Operation Charlotte's Web; or
       (iii) 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
       (B) later released without charges and never formally 
     accused of wrongdoing.
       (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 paragraph, the court shall award--

       (I) the greater of statutory damages of $500,000 or 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) 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 paragraph.
       (C) Limitations and immunity.--
       (i) Period of limitations.--A civil action under this 
     paragraph may not be commenced later than 5 years after the 
     covered individual first obtains actual notice of the 
     violation of this subsection.
       (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 paragraph.
       (D) Waiver of sovereign immunity.--The United States 
     expressly waives sovereign immunity with respect to actions 
     brought under this paragraph.
       (E) Affirmative defense for target investigations.--It 
     shall be an affirmative defense to an action under this 
     paragraph 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).
       (3) Limited retroactive applicability.--This section shall 
     apply to any arrest or detention described in paragraph 
     (1)(A)--
       (A) in the case of Operation Midway Blitz, occurring on or 
     after September 8, 2025;
       (B) in the case of Operation Charlotte's Web, occurring on 
     or after November 15, 2025; and
       (C) in the case of an investigation described in clause 
     (iii) of that paragraph, occurring on or after January 20, 
     2025.
                                 ______