{"id":353750,"date":"2026-06-09T22:41:07","date_gmt":"2026-06-09T22:41:07","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/353750\/"},"modified":"2026-06-09T22:41:07","modified_gmt":"2026-06-09T22:41:07","slug":"can-you-sue-an-ice-agent-california-bill-would-make-it-possible","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/353750\/","title":{"rendered":"Can you sue an ICE agent? California bill would make it possible"},"content":{"rendered":"

The State Assembly judiciary committee approved a bill<\/a> Tuesday that would allow California residents to file lawsuits against federal immigration agents if they can argue the action violates the constitution,\u00a0<\/p>\n

The vote was 9-3 along party lines.<\/p>\n

The State Senate approved the bill earlier and it will now move on to the next steps of the legislative process to the appropriations committee before a final vote deadline of Aug. 30.\u00a0<\/p>\n

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The bill, called the \u201cNo Kings Act\u201d or SB 747, is retroactive. If it passes, it would allow people such as Marvin Godoy Calderon, who was arrested by federal immigration officers<\/a> at the end of May outside his home in the Sunnyside neighborhood of San Francisco, to sue for constitutional rights violations. Potential plaintiffs could sue for claims like excessive force and wrongful arrest, which are functionally difficult under current law.<\/p>\n

Jordan Weiner, the immigration attorney at La Raza Centro Legal in San Francisco who represents Godoy Calderon, 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.<\/p>\n

\u201cWe welcome this and it\u2019s very timely especially as ICE takes more bold actions,\u201d said Weiner.<\/p>\n

Does a law to sue federal officers for violating the constitution already exist?<\/p>\n

There is no existing law to sue federal law enforcement for unconstitutional acts, although there are pathways to sue local and state agents.\u00a0<\/p>\n

As such, federal officers have \u201cde facto immunity\u201d for constitutional violations, said California State Senator Scott Wiener, who sponsored the bill.<\/p>\n

Wiener worked with nonprofit groups such as Protect Democracy, a self-described \u201canti- authoritarian\u201d national nonprofit, to draft the legislation.\u00a0<\/p>\n

Since President Donald Trump took office for his second term, there have been countless examples<\/a> locally and across the country of federal agents arresting or confronting individuals under circumstances that seem to thwart the protections provided in the constitution. One of the most public examples was the fatal shooting of Renee Good and Alex Pretti by federal immigration officers in Minneapolis.\u00a0<\/p>\n

In the aftermath of the killings, JD Vance, the vice-president, stated that the officers were protected by \u201cqualified immunity.\u201d\u00a0<\/p>\n

But Wiener\u2019s bill argues that these officers are not immune to the constitution and should be held accountable for their actions if they violate it.<\/p>\n

\u201cThe reality is that we have a fascist regime that is out of control, that is ignoring the U.S. Constitution that is upending the rule of law \u2026 this bill is about upholding the rule of law and having accountability when someone violates your constitutional rights,\u201d Wiener said in an interview.\u00a0<\/p>\n

But again, the Department of Homeland Security has stated<\/a> publicly that their officers have \u201cfederal immunity in the conduct of [their] duties.\u201d<\/p>\n

\u201cThe Department of Justice has made clear that if officials cross that line into obstruction, into criminal conspiracy against the United States or against ICE officers, then they will face justice,\u201d read a social media post<\/a> from January posted by the Department of Homeland Security.<\/p>\n

Immigration and Customs Enforcement did not respond to a request for comment by the time of publication.<\/p>\n

If this bill passes, a legal challenge is likely, as has been the pattern under this administration.\u00a0<\/p>\n

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.\u00a0<\/p>\n

\u201cThe streets of my city, once a place of safety and comfort, have become tainted by the actions of those who should protect us,\u201d said Ramirez, speaking to the legislators.\u00a0<\/p>\n

During the hearing in the state assembly on Tuesday, the California Police Chiefs Association spoke in opposition to the current draft of the bill, expressing concern that there was not a clear definition of qualified immunity outlined in the current version of the legislation. But nonetheless, it passed.<\/p>\n

Other states such as Colorado<\/a>, New York and Connecticut<\/a> have also introduced similar legislation. Wiener said the states are communicating with one another to exchange ideas.<\/p>\n

\"\"<\/p>\n

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Most neighborhoods don’t have that. Yours could.\u00a0<\/p>\n

That’s what Mission Local is building. Our reporters don’t parachute in — they write consistently on San Francisco, so you’re never reading about your neighborhood from someone who just looked it up.<\/p>\n

So far we are in five of San Francisco’s neighborhoods. But we know all San Franciscans deserve our kind of coverage. Will you join us?<\/p>\n

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