An open letter to the U.S. Senate

Support S. 3470: Hold DHS Accountable for Constitutional Violations

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I am writing to urge you to support the Accountability for Federal Law Enforcement Act (S. 3470) and to work toward getting it assigned to committee for a floor vote. This bill addresses a critical accountability gap created by the Supreme Court's systematic narrowing of the Bivens Act—the primary mechanism for holding federal law enforcement officers liable for constitutional violations. Recent decisions, including the 2025 Fields v. Goldey ruling, have left federal victims with virtually no civil remedy when their rights are violated, while state and local officials remain accountable under Section 1983. I understand that there are legitimate reasons to protect federal law enforcement officers from frivolous litigation. However, the evidence demonstrates that the Department of Homeland Security's internal protocols and oversight mechanisms have not proven robust enough to prevent widespread violations of individuals' constitutional rights. This is particularly evident in DHS immigration enforcement operations. Border Patrol and ICE officers have shot unarmed individuals, including U.S. citizens, during vehicle stops and enforcement actions. Families have been left without legal recourse because the Supreme Court refuses to extend Bivens to new contexts. The current system leaves victims with no federal civil remedy despite documented, egregious violations. The Accountability for Federal Law Enforcement Act responds by establishing direct civil liability for federal agencies—not individual officers—when their personnel violate constitutional rights. Importantly, it eliminates the nearly impossible "policy or custom" requirement that currently prevents agency accountability. This preserves the principle that federal officers should face consequences for misconduct while maintaining necessary protections through the liability structure. This bill reflects a measured approach: it holds agencies accountable for the conduct of their personnel while allowing individual officers to pursue available defenses. It does not create criminal liability or subject officers to unlimited personal exposure. Rather, it ensures that victims can seek damages from the federal government itself. Federal law enforcement agencies deserve protection from baseless claims, but they should not be shielded from accountability when their personnel demonstrably violate constitutional rights. I urge you to support S. 3470 and advocate for its swift movement through committee to a floor vote.

▶ Created on August 2 by Let My People Go

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