A new bill introduced by San Francisco State Senator Scott Wiener aims to allow Californians to sue federal agents, including those from Immigration and Customs Enforcement (ICE), for violating their constitutional rights. The legislation was unveiled on Tuesday as President Donald Trump’s administration continues to intensify immigration enforcement across the country.
The bill seeks to promote Bivens lawsuits, which stem from a 1971 U.S. Supreme Court ruling that permits individuals to sue federal officers for constitutional rights violations. However, the Supreme Court has since limited Bivens actions, making it challenging for individuals to pursue claims and obtain damages.
Senator Wiener, a Democrat and congressional hopeful, emphasized the need for accountability, stating, “This federal administration is attempting to wield unchecked power to illegally kidnap and deport people.” His proposal follows a lawsuit filed by the Trump administration to block another California law, also authored by Wiener, that prohibits law enforcement officers from wearing face coverings.
According to CalMatters, more than 170 U.S. citizens have been detained during immigration sweeps, with some reportedly experiencing abuse. Wiener’s bill aims to provide recourse for such victims.
If passed, the bill would represent a significant shift in holding federal officers accountable for their actions. However, it is likely to face legal challenges, particularly concerning its alignment with federal authority and potential conflicts with existing laws.
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