A California state lawmaker introduced legislation Tuesday dubbed the "No Kings Act" that would create a new legal avenue for residents to sue federal immigration agents for alleged constitutional rights violations, marking a significant challenge to federal immunity protection.
Democrat state Sen. Scott Wiener, running for the House seat being vacated by Rep. Nancy Pelosi, D-Calif., introduced Senate Bill 747 on Tuesday. The measure would let individuals in California seek damages under state law against federal, state, or local officers who violate rights guaranteed by the First, Fourth, and Fifth Amendments.
Under the proposed law, violations eligible for suit would include retaliation against free speech, unlawful searches or seizures at checkpoints without a warrant or probable cause, use of excessive force during arrests, and targeting individuals based on race, national origin, or political identity.
Wiener framed the bill as necessary to plug what he described as a "loophole" in federal law that shields agents from accountability following the U.S. Supreme Court's decisions narrowing the landmark Bivens v. Six Unknown Named Agents framework.
Wiener singled out a case involving Los Angeles resident and Army veteran George Retes, who he said was detained by Immigration and Customs Enforcement, held 72 hours without attorney access, and missed his daughter's third birthday.
"They held [Retes] for 72 hours without letting him make a phone call or contact an attorney," Wiener said.
"He missed his daughter's third birthday. All of this was illegal and despicable."
The Department of Homeland Security disputed the characterization, saying Retes was "violent and was arrested on charges of assault."
If the bill is passed by the California Legislature and signed by Gov. Gavin Newsom, it is expected to face legal challenges. The federal government has already expressed opposition to similar California laws, arguing that they interfere with federal agents' authority.
Supporters of the legislation say it will restore accountability for federal agents who operate beyond the scope of the Constitution.
"No one, not even a federal agent, is above the Constitution," said Cristine Soto DeBerry of Prosecutors Alliance Action.
Critics question whether a state can impose liability on federal officers without violating the Supremacy Clause of the U.S. Constitution and warn that the measure could undermine federal immigration enforcement.
The exact legal boundaries remain untested in court.
The timing of Wiener's introduction aligns with his challenge to the Trump administration's immigration and enforcement tactics.
He accused the administration of using its power to "racially profile people and illegally disappear them, to punish political opponents."
The Bivens case established that individuals can sue federal officials for monetary damages when their constitutional rights are violated, even without a specific law enacted by Congress authorizing such a suit.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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