As U.S. Immigration and Customs Enforcement operations are spreading across the nation, U.S. Sen. Richard Blumenthal is proposing legislation to allow people to sue ICE agents for violating their civil and constitutional rights.
The proposal comes amid the fatal shooting of a 37-year-old mother in Minneapolis and widespread protests against ICE operations under President Donald Trump’s administration. Under Blumenthal’s proposal, the legislation would allow cases to be heard in civil court.
Under current law, federal law enforcement officers have qualified immunity from civil cases, shielding them from lawsuits. But federal law enforcement are not shielded from prosecution for committing crimes, he said.
The Accountability for Federal Law Enforcement Act, co-introduced by Blumenthal and U.S. Sen. Alex Padilla (D-California) in December, would authorize states to bring civil actions against federal agencies whose violations of the law pose an imminent and substantial risk to public safety or constitutional rights. Blumenthal said he introduced the legislation before the controversial killing of Renee Good by ICE agent Jonathan Ross on Jan. 7 in Minneapolis.
“Individual victims of excessive force should have recourse also. They do against local and state law enforcement, but not against federal officers,” Blumenthal said at a press conference on Friday. “I’m introducing legislation that will give everyday Americans recourse. A remedy in court when their rights our violated. In amends the 1983 statute to provide rights in court for people when they are abused by violation of the law by federal officers. Just like they can sue local and state officers when they are abused.”
The Connecticut Democrat called the legislation “overdue” and said that there is precedent in a 1973 U.S. Supreme Court case. In Webster Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the court held that some lawsuits against federal officers can be warranted. Since the case 50 years ago, recent U.S. Supreme Court decisions have narrowed that ruling, leaving many victims of federal misconduct without meaningful recourse.
“It has been narrowed and cut back by successive Supreme Court decisions. We need to make it real and provide recourse and remedies so that rights can be vindicated. When people are shot or dragged out of cars and injured or denied a lawyer when they are retained often result in trauma and injury. These violations must be addressed,” Blumenthal said.
The Accountability for Federal Law Enforcement Act is co-sponsored by U.S. Sens. Cory Booker (D-New Jersey), Edward J. Markey (D-Massachusetts), Bernie Sanders (I-Vermont), Elizabeth Warren (D-Massachusetts), Sheldon Whitehouse (D-Rhode Island), and Ron Wyden (D-Oregon).
Blumenthal said that some Republicans may also support the legislation.
“I think there is growing dismay and disquiet among Republicans about what they are seeing, just like what Americans are seeing, the brutality unfolding. The physical assaults and cruelty of these ICE agents have deprived people of their lives and not just their safety. I am hopeful that Republicans will give voice to their dismay and in effect grow a backbone,” he said.
Similar bills to hold federal law enforcement more accountable are being introduced across the country. New York Gov. Kathy Hochul said she supports a bill that would allow individuals to sue ICE agents during her State of the State address on Tuesday. In California, Gov. Gavin Newsom signed a law banning most law enforcement, including ICE agents, from wearing masks to hide identities, according to the Associated Press. But the law is now facing a federal lawsuit from the Department of Justice, which argues it infringes on federal authority.
The Accountability for Federal Law Enforcement Act has been referred to the Senate Judiciary Committee for review, according to Blumenthal.
Stephen Underwood can be reached at [email protected].