[Congressional Record Volume 172, Number 22 (Friday, January 30, 2026)]
[Senate]
[Page S423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______