As U.S. Immigration and Customs Enforcement operations are spreading across the nation, U.S. Sen. Richard Blumenthal is proposing legislation to allow people to sue ICE agents for violating their civil and constitutional rights.
The proposal comes amid the fatal shooting of a 37-year-old mother in Minneapolis and widespread protests against ICE operations under President Donald Trump’s administration. Under Blumenthal’s proposal, the legislation would allow cases to be heard in civil court.
Under current law, federal law enforcement officers have qualified immunity from civil cases, shielding them from lawsuits. But federal law enforcement are not shielded from prosecution for committing crimes, he said.
The Accountability for Federal Law Enforcement Act, co-introduced by Blumenthal and U.S. Sen. Alex Padilla (D-California) in December, would authorize states to bring civil actions against federal agencies whose violations of the law pose an imminent and substantial risk to public safety or constitutional rights. Blumenthal said he introduced the legislation before the controversial killing of Renee Good by ICE agent Jonathan Ross on Jan. 7 in Minneapolis.
“Individual victims of excessive force should have recourse also. They do against local and state law enforcement, but not against federal officers,” Blumenthal said at a press conference on Friday. “I’m introducing legislation that will give everyday Americans recourse. A remedy in court when their rights our violated. In amends the 1983 statute to provide rights in court for people when they are abused by violation of the law by federal officers. Just like they can sue local and state officers when they are abused.”
The Connecticut Democrat called the legislation “overdue” and said that there is precedent in a 1973 U.S. Supreme Court case. In Webster Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the court held that some lawsuits against federal officers can be warranted. Since the case 50 years ago, recent U.S. Supreme Court decisions have narrowed that ruling, leaving many victims of federal misconduct without meaningful recourse.
“It has been narrowed and cut back by successive Supreme Court decisions. We need to make it real and provide recourse and remedies so that rights can be vindicated. When people are shot or dragged out of cars and injured or denied a lawyer when they are retained often result in trauma and injury. These violations must be addressed,” Blumenthal said.
The Accountability for Federal Law Enforcement Act is co-sponsored by U.S. Sens. Cory Booker (D-New Jersey), Edward J. Markey (D-Massachusetts), Bernie Sanders (I-Vermont), Elizabeth Warren (D-Massachusetts), Sheldon Whitehouse (D-Rhode Island), and Ron Wyden (D-Oregon).
Blumenthal said that some Republicans may also support the legislation.
Hellbound and Down 