SACRAMENTO — Every week after a Minnesota girl was fatally shot by a federal immigration officer, California legislators moved ahead a invoice that may make it simpler for folks to sue federal brokers in the event that they consider their constitutional rights had been violated.
A Senate committee handed Senate Invoice 747 by Sen. Scott Wiener (D-San Francisco), which would supply Californians with a stronger skill to take authorized motion in opposition to federal legislation enforcement brokers over extreme use of drive, illegal dwelling searches, interfering with a proper to protest and different violations.
California legislation already permits such fits in opposition to state and native legislation enforcement officers.
Profitable civil fits in opposition to federal officers over constitutional rights are much less widespread.
Wiener, showing earlier than Tuesday’s Senate Judiciary Committee listening to, mentioned his invoice has taken on new urgency within the wake of the demise of Renee Nicole Good in Minnesota, the 37-year-old mom of three who was shot whereas driving on a snowy Minneapolis road.
Good was shot by an agent in self-defense, mentioned Division of Homeland Safety Secretary Kristi Noem, who alleged that Good tried to make use of her automobile as a weapon to run over the immigration officer.
Good’s demise outraged Democratic leaders throughout the nation, who accuse federal officers of flouting legal guidelines of their efforts to deport 1000’s of undocumented immigrants. In New York, legislators are proposing laws much like the one proposed by Wiener that may permit state-level civil actions in opposition to federal officers.
George Retes Jr., a U.S. citizen and Military veteran who was stored in federal custody for 3 days in July, described his ordeal at Tuesday’s committee listening to, and the way immigration officers swarmed him throughout a raid in Camarillo.
Retes, a contracted safety guard on the farm that was raided, mentioned he was delivered to Port Hueneme Naval Base. Officers swabbed his cheek to acquire DNA, after which moved him to Metropolitan Detention Heart in Los Angeles. He was not allowed to make a cellphone name or see an legal professional, he mentioned.
“I didn’t resist, I didn’t impede or assault any agent,” Retes mentioned.”What occurred to me that day was not a misunderstanding. It was a violation of the Structure by the very folks sworn to uphold it.”
He additionally accused Division of Homeland safety spokesperson Tricia McLaughlin of spreading false details about him to justify his detention. DHS mentioned in an announcement final yr that Retes impeded their operation, which he denies.
Retes has filed a tort declare in opposition to the U.S. authorities, a course of that’s hardly ever profitable, mentioned his legal professional, Anya Bidwell.
Lawsuits can be introduced by the Bivens doctrine, which refers back to the 1971 Supreme Court docket ruling Bivens vs. Six Unknown Federal Brokers that established that federal officers might be sued for financial damages for constitutional violations. However in latest a long time, the Supreme Court docket has repeatedly restricted the power to sue beneath Bivens.
Wiener’s invoice, if handed by the legislature and signed by Gov. Gavin Newsom, can be retroactive to March 2025.
“We’ve had sufficient of this terror marketing campaign in our communities by ICE,” mentioned Wiener at a information convention earlier than the listening to. “We’d like the rule of legislation and we’d like accountability.”
Weiner is operating for the congressional seat held by former Home Speaker Rep. Nancy Pelosi (D-San Francisco).
Representatives for legislation enforcement companies appeared at Tuesday’s listening to to ask for amendments to make sure that the invoice wouldn’t result in weakened protections for state and native officers.
“We’re not against the intent of the invoice. We’re simply involved in regards to the future and the unintended penalties to your California workers,” mentioned David Mastagni, talking on behalf of the Peace Officers Analysis Assn. of California, which represents greater than 85,000 public security members.
Wiener’s invoice is the most recent effort by the state Legislature to problem President Trump’s immigration raids. Newsom final yr signed laws authored by Wiener that prohibits legislation enforcement officers, together with federal immigration brokers, from carrying masks, with some exceptions.
The U.S. Division of Justice sued final yr to dam the legislation, and a listening to within the case is scheduled for Wednesday.
