119TH CONGRESS

Current Session

S.____ / H.R.____

To protect American citizens from unlawful arrest, detention, or targeting by ICE, DHS, or National Guard forces based on political beliefs or lawful exercise of constitutional rights; to reaffirm the supremacy of the Constitution of the United States; to prohibit enactment or enforcement of laws or executive orders that violate fundamental civil liberties; and for other purposes.

IN THE SENATE OF THE UNITED STATES

10/13/2025

Bill formulated for support; which needs read twice and referred to the appropriate Committee. 

A BILL

To protect citizens of the United States from unlawful arrest, detention, surveillance, or targeting by federal, state, or military authorities based on political belief, lawful expression, or exercise of constitutional rights; to reaffirm the supremacy of the Constitution and the Bill of Rights; and to prohibit enactment or enforcement of any law or executive action inconsistent therewith.

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 “American Civil Liberties Protection and Accountability Act of 2025.”

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings. Congress finds that—

1. The Constitution of the United States guarantees that all persons are protected from unlawful search, seizure, and arrest under the Fourth and Fifth Amendments;
   
   

2. The First Amendment guarantees freedom of speech, religion, assembly, press, and political association;
   
   

3. Federal agencies including the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and the National Guard are bound by these same constitutional constraints;
   
   

4. The unlawful surveillance, detainment, or targeting of U.S. citizens based on political ideology or lawful dissent constitutes a violation of civil rights under 42 U.S.C. § 1983 and criminal law under 18 U.S.C. §§ 241–242;
   
   

5. The Posse Comitatus Act (18 U.S.C. § 1385) prohibits the use of military force in domestic law enforcement absent express congressional authorization;
   
   

6. The separation of powers requires that no President or executive officer may issue orders that nullify, diminish, or bypass these constitutional guarantees.
   
   

(b) Purpose. The purpose of this Act is—

1. to prohibit unlawful arrest, surveillance, or targeting of citizens based on political belief or lawful activity;
   
   

2. to nullify any law or executive order inconsistent with constitutional protections; and
   
   

3. to provide clear accountability and enforcement for violations of civil liberties.
   
   

SEC. 3. DEFINITIONS.

For purposes of this Act:

1. “Citizen” means any person recognized as a citizen of the United States under federal law.
   
   

2. “Unlawful arrest or detention” means any deprivation of liberty without probable cause, due process, or a lawfully issued judicial warrant.
   
   

3. “Targeting” includes any surveillance, monitoring, or enforcement action based on political belief, association, or expression protected under the First Amendment.
   
   

4. “Agency” includes DHS, ICE, the National Guard, or any other federal or state entity acting under color of law.
   
   

5. “Executive order” means any directive, proclamation, memorandum, or instruction issued by the President or an executive agency head.
   
   

SEC. 4. PROHIBITION ON POLITICAL OR IDEOLOGICAL ENFORCEMENT ACTIONS.

(a) No federal, state, or military officer shall—

1. arrest, detain, or otherwise interfere with a citizen of the United States on the basis of political beliefs, lawful speech, or association;
   
   

2. execute or participate in any enforcement operation initiated primarily for political, religious, or ideological purposes; or
   
   

3. engage in any form of joint enforcement with foreign or domestic agencies where political profiling is a known element of operations.
   
   

(b) Any such conduct shall be deemed a violation of civil rights law under 42 U.S.C. § 1983 and subject to criminal penalties under 18 U.S.C. §§ 241–242.

SEC. 5. VOIDING OF UNLAWFUL EXECUTIVE ORDERS, DIRECTIVES, AND LAWS.

(a) Unlawful Executive Orders Nullified.

Any executive order, memorandum, directive, or instruction issued by the President or any federal agency that—

1. infringes upon rights protected by the First, Fourth, Fifth, Ninth, or Tenth Amendments;
   
   

2. authorizes or directs the arrest, detention, surveillance, or targeting of citizens based on political ideology; or
   
   

3. circumvents due process or judicial review—
   
   is hereby declared null, void, and of no force or effect upon enactment of this Act.
   
   

(b) Future Executive Orders.

No future executive order or administrative directive shall be valid if it—

1. conflicts with constitutional rights guaranteed to U.S. citizens; or
   
   

2. seeks to expand executive enforcement powers beyond those authorized by Congress under Article I, Section 8 of the Constitution.
   
   

(c) Review and Oversight.

The Department of Justice Office of Legal Counsel shall review all executive orders within 60 days of issuance for compliance with this Act, reporting violations directly to Congress and the U.S. Courts.

SEC. 6. ENFORCEMENT AND ACCOUNTABILITY.

(a) Civil Remedies.

Citizens subject to unlawful arrest, detention, or surveillance may bring an action in U.S. District Court for declaratory and injunctive relief, damages, and attorney’s fees. Qualified immunity shall not apply to violations of this Act.

(b) Criminal Penalties.

Any officer or official acting under color of law who knowingly violates this Act shall be subject to criminal prosecution under 18 U.S.C. §§ 241–242.

(c) Citizen Protection Clause.

Citizens and law enforcement officers have a lawful duty to prevent and report unconstitutional detentions, arrests, or searches when such acts are plainly illegal and imminent, provided they act within the bounds of due process and without use of excessive force.

SEC. 7. NATIONAL GUARD AND MILITARY LIMITATIONS.

(a) The Posse Comitatus Act applies to all domestic operations involving the National Guard unless deployed under lawful state emergency powers consistent with the Constitution.

(b) No Guard or military force shall detain, arrest, or conduct enforcement against citizens absent a congressional act expressly authorizing such powers.

SEC. 8. OVERSIGHT AND REPORTING.

(a) A Congressional Civil Liberties Oversight Board shall be established within the Department of Justice Office of Inspector General to investigate alleged violations of this Act.

(b) The Board shall report annually to Congress and the public on findings, recommendations, and disciplinary actions taken.

SEC. 9. SEVERABILITY.

If any provision of this Act is held invalid, the remaining provisions shall not be affected and shall continue in full force and effect.

SEC. 10. EFFECTIVE DATE.

This Act shall take effect immediately upon enactment.