Lawsuits against ICE agents might be allowed under proposed California bill
SACRAMENTO — A week after a Minnesota woman was fatally shot by a federal immigration officer, California lawmakers advanced a bill that would make it easier for people to sue federal agents if they believe their constitutional rights have been violated.
Senate committee passed Senate Bill 747 By Sen. Scott Wiener (D-San Francisco), it would give Californians a stronger ability to take legal action against federal law enforcement for excessive use of force, illegal home searches, interference with the right to protest and other violations.
California law already allows such lawsuits against state and local law enforcement.
Successful civil lawsuits against federal officials over constitutional rights are less common.
Speaking ahead of Tuesday’s Senate Judiciary Committee hearing, Wiener said his bill took on new urgency following the Minnesota death of Renee Nicole Good, a 37-year-old mother of three who was shot while driving on a snowy street in Minneapolis.
Department of Homeland Security Secretary Kristi Noem, who claimed Good tried to use his car as a weapon to run over an immigration officer, said Good was shot by an agent in self-defense.
Good’s death enraged Democratic leaders across the country, who accused federal officials of breaking the law in their efforts to deport thousands of undocumented immigrants. In New York, lawmakers are proposing legislation similar to the one Wiener proposed that would allow state-level civil lawsuits against federal officers.
George Retes Jr., a U.S. citizen and former military officer who was held in federal custody for three days in July, described his ordeal at Tuesday’s committee hearing and how immigration officers surrounded him during a raid in Camarillo.
Retes, the contracted security guard of the raided farm, said that he was brought to the Port Hueneme Naval Base. Authorities swabbed his cheek for DNA and then took him to the Metropolitan Detention Center in Los Angeles. He said he was not allowed to make phone calls or see a lawyer.
“I did not resist, hinder or attack any agent,” Retes said. “What happened to me that day was not a misunderstanding. This was a violation of the Constitution by people sworn to protect the Constitution.”
He also accused Department of Homeland Security spokeswoman Tricia McLaughlin of spreading false information about him to justify his detention. DHS said in a statement last year that Retes obstructed the operation, but he denies this.
Retes has filed a tort claim against the U.S. government, a process that is rarely successful, said his attorney, Anya Bidwell.
Cases can also be brought through the Bivens doctrine; This doctrine refers to the 1971 Supreme Court decision in Bivens v. Six Unknown Federal Agents, which held that federal officials could be sued for monetary damages for constitutional violations. But in recent years, the Supreme Court has repeatedly restricted the ability to sue on Bivens’ behalf.
Wiener’s bill would be retroactive to March 2025 if passed by the legislature and signed by Governor Gavin Newsom.
“We are tired of this campaign of terror against our communities by ICE,” Wiener said at a news conference before the hearing. “We need the rule of law and we need accountability.”
Weiner is running for the congressional seat held by former House Speaker Nancy Pelosi (D-San Francisco).
Representatives of law enforcement agencies attended Tuesday’s hearing to ask for changes to ensure the bill would not lead to a weakening of protections for state and local officials.
“We do not oppose the intent of the bill. We are simply concerned about the future and the unintended consequences for your California workers,” said David Mastagni, speaking on behalf of the Peace Officers Research Assn. California, representing more than 85,000 public safety members.
Wiener’s bill is the state legislature’s latest effort to counter President Trump’s immigration raids. Last year, Newsom signed legislation drafted by Wiener that bans law enforcement officers, including federal immigration officers, from wearing masks, with some exceptions.
The U.S. Department of Justice sued to block the law last year, and a hearing in the case is scheduled for Wednesday.
