The California Senate has passed groundbreaking legislation aimed at holding federal immigration agents accountable for constitutional violations, marking the first time a legislative body has approved such a measure.
The Senate voted 30-10 to pass SB 747, known as the No Kings Act, authored by Senator Scott Wiener (D-San Francisco). The bill would close what supporters call a legal loophole that allows ICE, Border Patrol and other federal agents to avoid liability for constitutional violations that would hold state and local law enforcement accountable.
"By passing the No Kings Act, we're putting a stop to the impunity that's enabling ICE and Border Patrol's sickening terror rampage through American cities," Wiener said.
The legislation comes amid what supporters describe as escalating federal enforcement actions. Since July, federal judges have ruled that ICE officials illegally detained people without bond or due process in over 2,300 cases, according to the bill's supporters.
Recent incidents cited by advocates include the deaths of Renee Good and Alex Pretti in Minneapolis, and the detention of George Retes, a U.S. citizen and combat veteran, who was held for 72 hours without charges after being tear gassed and pepper-sprayed outside Camarillo, California.
"We must close the loophole that makes it almost impossible for the families of Renee Good and Alex Pretti — who were executed in broad daylight — to seek justice for their family members," Wiener said.
Senator Lena Gonzalez (D-Long Beach), Chair of the Latino Legislative Caucus and co-author of the bill, said the legislation would provide "a legal pathway in court to defend their constitutional rights and hold federal agents who violate their rights accountable."
The bill addresses limitations placed on "Bivens actions," which since the 1970s have allowed people to sue federal agents for constitutional violations. The Supreme Court has sharply limited these actions in recent years, effectively giving federal officers immunity from prosecution for willful violations of constitutional rights.
SB 747 would create a new remedy for constitutional rights violations under federal or state law, allowing individual plaintiffs to bring lawsuits for monetary damages against any federal, state and local officer who violates their constitutional rights.
The legislation covers First Amendment violations such as retaliation for protected speech, Fourth Amendment violations including unlawful searches and excessive force, and Fifth Amendment and Equal Protection violations such as unlawful targeting based on race, national origin or political identity.
Cameron Kistler, counsel for Protect Democracy United, one of the bill's sponsors, said the legislation ensures "that Californians can have their day in court when any governmental officer—federal, state, or local—violates their clearly established constitutional rights."
The bill now heads to the Assembly for consideration. Other states have begun developing similar legislation, but California's Senate is the first legislative body to pass such a measure.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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