Press Release

California Senate Passes ICE, Border Patrol Accountability Legislation — First in Nation — In Wake of Minneapolis Murders

Senator Scott Wiener’s No Kings Act will close an accountability loophole allowing ICE, Border Patrol, and other federal agents to avoid liability for constitutional violations.

SAN FRANCISCO – In a vote of 30-10, the California Senate passed Senator Scott Wiener’s (D-San Francisco) bill SB 747, the No Kings Act. The No Kings Act is first-in-the-nation legislation to hold ICE, Border Patrol, and other federal officers accountable for lawless behavior, closing a legal loophole that holds federal officers to a different standard than state and local law enforcement for constitutional violations. Other states have begun to emulate the No Kings Act, but the vote makes the California Senate the first legislative body in the country to pass this groundbreaking ICE accountability legislation. The bill heads next to the Assembly.

Read more about the No Kings Act: Los Angeles Times, 1/14/26

“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,” said Senator Wiener. “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. We must close the loophole that makes it almost impossible for the victims of Trump’s terror campaigns in our immigrant communities to seek justice. Local police officers are already accountable when they violate people’s constitutional rights, and it’s outrageous that federal agents aren’t accountable. The No Kings Act will close that loophole and hold federal agents accountable for this brutality. These agents must face real consequences for terrorizing our communities.”

“Today, the Senate passed the No Kings Act to protect the constitutional rights of Californians in the face of this federal administration’s escalating, lawless and violent tactics,” said Senator Lena Gonzalez (D-Long Beach), Chair of the Latino Legislative Caucus. “With this new bill, Californians will have a legal pathway in court to defend their constitutional rights and hold federal agents who violate their rights accountable, because no one, not even the federal government, is above the law. I am proud to co-author this legislation alongside many of my legislative colleagues, and I am grateful to Senator Wiener for putting this critical legislation forward to provide much needed support and relief for our communities.”

“For constitutional rights to have meaning, there must be accountability when those rights are violated,” said Cameron Kistler, Counsel, Protect Democracy United. “SB 747 helps provide that accountability by ensuring that Californians can have their day in court when any governmental officer—federal, state, or local—violates their clearly established constitutional rights.”  

“We celebrate the passage of SB 747 in the Senate, and look forward to continued advocacy now that it moves to the Assembly,” said Hector Pereyra, Political Manager for the Inland Coalition for Immigrant Justice. “At a moment when violence and lack of accountability continue to harm our communities, SB 747 is needed more than ever. In the Inland Empire, we have seen federal agents get away with shooting at a family with no meaningful consequences. This bill is about ensuring that no one is above the Constitution and that federal agents can be held accountable when they violate constitutional rights. We urge Assembly members to step up and support SB 747, our communities deserve justice and accountability.”

“As federal agents continue to act with impunity – storming into communities and teargassing, assaulting, and even killing peaceful protestors – California must lead,” Cristine Soto DeBerry, executive director of Prosecutors Alliance Action. “The No Kings Act makes clear that constitutional rights do not disappear when federal agents arrive. It enshrines into law the fundamental principle that no one is above the law. We applaud the Senate for passing SB 747 and urge the Assembly to act swiftly and do the same.” 

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 2,300 cases. 

In recent weeks, federal agents have:

  • 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.

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 constitutional rights, privileges, or immunities under color of federal or state law. Under SB747, 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

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

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