A bill approved by the California State Assembly judiciary committee would allow California residents to file lawsuits against federal immigration agents if they can argue the action violates the constitution. The bill, called the “No Kings Act” or SB 747, is retroactive and would allow people to sue for claims like excessive force and wrongful arrest.

Background

The bill was sponsored by California State Senator Scott Wiener, who worked with nonprofit groups such as Protect Democracy to draft the legislation. Wiener argues that federal officers are not immune to the constitution and should be held accountable for their actions if they violate it.

Jordan Weiner, an immigration attorney at La Raza Centro Legal in San Francisco, said the bill could be an important legal tool for her clients whose constitutional rights are violated. Lawsuits could be filed on behalf of immigrant clients who endure harsh conditions in detention centers where, she said, constitutional rights are often violated by federal officers.

The Department of Homeland Security has stated publicly that their officers have “federal immunity in the conduct of [their] duties.” However, Wiener’s bill argues that these officers are not immune to the constitution and should be held accountable for their actions if they violate it.

Implications

If the bill passes, a legal challenge is likely, as has been the pattern under this administration. Other states such as Colorado, New York, and Connecticut have also introduced similar legislation. Wiener said the states are communicating with one another to exchange ideas.

Javier Ramirez, an American citizen who was arrested outside his Los Angeles home last summer by masked and heavily armed agents, spoke during the hearing in Sacramento. “The streets of my city, once a place of safety and comfort, have become tainted by the actions of those who should protect us,” said Ramirez, speaking to the legislators.

Original reporting: Mission Local — read the source article.