S. 3891 — ICE Accountability Act

This section defines key terms for the Act, including (1) "applicable requirements," meaning constitutional, statutory, regulatory, policy, and other civil rights and civil liberties requirements relating to individuals affected by immigration agencies (including under the Department of Homeland Security Appropriations Act, 2026, or subsequent acts); (2) "Commission," meaning the Commission for Independent Monitoring of Immigration Enforcement established under section 3; (3) "immigration agency," meaning Immigration and Customs Enforcement, U.S. Customs and Border Protection, and any other agency employing agents tasked with immigration enforcement; and (4) "whistleblower," meaning an immigration agency employee who provides information to the Commission regarding conduct the employee reasonably believes violates applicable requirements.

This section establishes in the legislative branch an independent Commission for Independent Monitoring of Immigration Enforcement to provide oversight of immigration agencies' (i.e., Department of Homeland Security components such as Customs and Border Protection and Immigration and Customs Enforcement) compliance with applicable requirements, investigate noncompliance, and promote public transparency of enforcement operations related to arrest, detention, deportation, and surveillance. The Commission must (1) monitor agency activities through observation and unannounced on-site visits (with good-faith advance notice when practicable); (2) review DHS records such as encounter documents, training materials, civil rights complaints, and body camera footage; (3) issue monthly public reports to Congress on compliance; (4) maintain a public website for complaints, anonymized complaint data, disaggregated enforcement data by location, and all reports; (5) review public complaints; (6) by a 3-of-4 monitor vote, issue findings of serious or willful violations, refer potential criminal conduct to the Department of Justice for prosecution under 18 U.S.C. §242 (deprivation of rights under color of law) or to state attorneys general, hold public hearings, initiate civil actions under section 4(b), and recommend reforms to Congress; and (7) testify to specified congressional committees at their request or quarterly. The Commission has authority for unannounced access to relevant DHS records, facilities, personnel, and operations; subpoena power (by 3-of-4 vote) for DHS records in cases of access denial; procurement of expert services; contracting; and initiation of civil actions to enforce access, subpoenas, or section 4(b) orders.

This section authorizes the Commission to bring civil actions in the U.S. District Court for the District of Columbia against immigration agencies for serious or willful violations of applicable requirements, with the court empowered to impose penalties or issue orders ensuring compliance. It establishes a penalty of $500,000 per day for each day an agency remains out of compliance. This section further imputes the noncompliance of any individual agent to the supervising immigration agency.

This section establishes personnel requirements for the Commission. Specifically, it (1) directs the bipartisan appointment of four monitors within 30 days of enactment—one each by the Speaker of the House (with House minority leader consent), House minority leader (with Speaker consent), Senate majority leader (with Senate minority leader consent), and Senate minority leader (with Senate majority leader consent); (2) requires monitors to have nationally recognized expertise in fields such as civil rights enforcement (including under the First, Fourth, and Fourteenth Amendments), law enforcement best practices, immigration law, DHS operations, or monitoring and evaluation, and bars them, the executive director, and staff from holding other government positions or having conflicts of interest; (3) mandates eligibility for security clearances (or initiation of the process) and training to protect ongoing investigations for monitors and staff; (4) sets five-year terms for monitors, with replacements appointed within 30 days using the original process; (5) compensates monitors at the annual rate for level I of the Executive Schedule for full-time service; and (6) authorizes the Commission to hire staff and requires monitors to jointly select an executive director with expertise in law enforcement best practices within 30 days of all monitors' appointments.

This section requires the Commission to terminate operations not earlier than four years after enactment and not later than 180 days after at least three of the four monitors determine that all immigration agencies have been in substantial compliance with applicable requirements for at least one year. The section further authorizes the Commission to reverse that termination decision by a vote of at least three monitors if, prior to termination, it determines one or more agencies are no longer in substantial compliance.

This section requires federal agencies to support the Commission and prohibits retaliation against whistleblowers providing information to it. Specifically, it (1) directs the Department of Homeland Security to provide the Commission prompt access to its records, personnel, and facilities (including contractor-operated facilities); designate a liaison office; and notify the Commission within 12 hours of any critical firearm discharge, in-custody death, or death during an encounter with an immigration officer; (2) requires the General Services Administration to provide administrative support and exclusive office facilities on a reimbursable basis; (3) requires agencies to process security clearances for Commission members and staff in the same manner as for other federal personnel; and (4) prohibits federal employees from discriminating against such whistleblowers, with enforcement through the rights, procedures, and remedies of 31 U.S.C. 5323 (i.e., whistleblower protections applicable to judicial or administrative actions under anti-money laundering laws, sanctions programs, and related provisions that result in monetary sanctions exceeding $1 million).

This section establishes a severability clause, providing that if any provision of the Act, or its application to any person or circumstance, is held unconstitutional, the remaining provisions of the Act and their application to any other person or circumstance remain unaffected.