Press Release

California Passes Senator Wiener’s Bill Allowing People to Sue ICE, Border Patrol For Violating Constitutional Rights

Senator Scott Wiener’s No Kings Act will allow Californians to take ICE, Border Patrol, and other federal agents to court for violating their constitutional rights.

SACRAMENTO – The California Legislature voted overwhelmingly to pass Senator Scott Wiener’s (D-San Francisco) bill SB 747, the No Kings Act. The No Kings Act is the first bill in the nation introduced to hold ICE, Border Patrol, and other federal officers accountable for lawless behavior by allowing civil lawsuits against them for violations of the Constitution. The bill closes a legal loophole that functionally protects federal officials even for the most egregious constitutional violations. SB 747 ends that loophole by ensuring that all law enforcement and other public officials at all levels of government — federal, state, and local — are treated equally for violating the Constitution. The bill heads next to the Governor, who must act on it by September 30. If the Governor signs SB 747, it will take effect immediately.

The bill’s passage comes as ICE arrests reach their highest level of the second Trump Administration, with over 50,000 arrests in July, or 1,600 arrests per day. ICE’s aggressive expansion into airports and targeting people with valid work permits and pending asylum cases has disrupted travel and sewn fear and chaos into communities across the country. ICE and Border Patrol agents have shot and killed people under what can only be described as horrific and egregious circumstances.

“The only way to end ICE’s violent, lawless behavior is accountability. Today, the California Legislature stood up to hold them accountable,” said Senator Wiener. “Californians have watched in horror as ICE tore people like Marvin Godoy Calderon and Iryna Gorb from their homes, and shot and killed Renee Good and Alex Pretti in broad daylight. A loophole in the law has protected ICE, CBP, and other Trump officials from accountability for these crimes. That impunity has helped to power ICE’s terror campaign, and the No Kings Act is a powerful step to end it.”

“SB 747 is a critical step toward making clear that no government official is above the Constitution,” said Hector-Andree Pereyra, Policy Manager at the Inland Coalition for Immigrant Justice. “We have seen the fear and violence that federal immigration enforcement has brought into our streets and our communities, and we know what it means when people feel that those in power can violate their rights without consequence. SB 747 gives Californians a meaningful legal pathway to defend their constitutional rights when federal officials violate them. This is about creating accountability and making sure our communities can live without being targeted, intimidated, or forced to live in fear.”

SB 747 passed the Assembly 57-19 and the Senate 28-10. Other states have begun to emulate the No Kings Act, and four have now enacted versions of the proposal.

ICE is Rampaging Lawlessly Through Cities Across the Nation

ICE, Customs and Border Patrol, and other federal agents are displaying a reckless disregard for longstanding constitutional protections as they rampage wildly through American cities. Since last July, federal judges have ruled that ICE officials illegally detained people without bond or due process in over 10,000 cases. 

This year alone, federal agents have:

  • Beaten and kidnapped Marvin Godoy Calderon — a janitor who holds a legal work permit — in broad daylight in San Francisco.
  • Choked and kidnapped Iryna Gorb at SFO.
  • Publicly executed Renee Good and Alex Pretti in broad daylight in Minneapolis. They are now refusing to investigate these public murders.
  • Tear gassed and pepper-sprayed George Retes – a US citizen and combat veteran – outside Camarillo, California before dragging him out of his car and holding him for 72 hours with no charges, no phone call, no lawyer, and no medical care. He was released with no charges and no apology.
  • Arrested 5-year-old Liam Conejo Ramos to lure his mother — who entered the country legally — out of their home. Liam and his father are now being held in a detention center over 1,300 miles from their home.
  • Broke down the door of Garrison and Teyana Gibson, arresting Garrison while his daughter cowered inside. They did not have a judicial warrant and claim that they no longer need one to break down people’s doors.
  • Shot and blinded two people – Kaden Rummler and Britain Rodriguez – who were exercising their right to protest ICE’s horrific actions at a demonstration in Santa Ana, California.

The victims of these cases are overwhelmingly not eligible for damages because of a loophole in the law.

“Over the past year and a half, we’ve watched federal agents use force against our friends, neighbors, and communities, with no meaningful path to accountability. That ends now,” said Cristine Soto DeBerry, Executive Director of Prosecutors Alliance Action. “With the passage of SB 747, the Legislature has sent a clear message: federal power does not come with immunity from the law. We urge Governor Newsom to sign SB 747 without delay and make clear that in California, no one is above the law.”

The No Kings Act Allows Groundbreaking Accountability for ICE & Other Federal Agents

Since the 1970s, people harmed by the federal government have sought justice through “Bivens actions,” a right to sue created by the Supreme Court in Bivens v. Six Unknown Named Agents (1971). But in recent years, the Supreme Court has sharply limited Bivens actions, giving federal officers de facto immunity from prosecution for willful violations of constitutional rights. SB 747 restores a right of action to Californians who suffer from illegal acts by federal officials, providing a critical check on federal lawlessness in the second Trump era.

SB 747 creates a new remedy for any deprivations of rights, privileges, or immunities under the U.S. Constitution. Under SB 747, individual plaintiffs will be able to bring a lawsuit for monetary damages against any federal, state, and local officer who violates their constitutional rights so that victims of unconstitutional conduct have a path to justice and that no officer is above the law.  

Under the No Kings Act, individuals can seek remedies for:

  • First Amendment Violations: Retaliating against a person for their protected speech, interfering with the free exercise of religion or the freedom of the press, or using excessive force to break up a peaceful protest
  • Fourth Amendment Violations: Conducting an unlawful search of a person’s home or an unreasonable seizure at a checkpoint without a warrant or probable cause, or using excessive force during arrest
  • Fifth Amendment/Equal Protection Violations: Unlawfully targeting individuals for enforcement actions or tax audits on the basis of race, national origin, or political identity

“In a country where the United States Constitution is the supreme law of the land, whether Americans should have a remedy for wrongs committed by governmental officials should turn on whether the Constitution was violated—not what badge the officer has,” said Cameron Kistler of Protect Democracy United. “Today’s vote in favor of the No Kings Act means Californians harmed by a federal agent’s misconduct are one step.” 

SB 747 is sponsored by Protect Democracy United, Prosecutors Alliance Action, the Inland Coalition for Immigrant Justice, and the California State PTA.

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