California is poised to become the first U.S. state to allow residents to sue federal immigration agents and other federal officers — including those from U.S. Immigration and Customs Enforcement (ICE) — when their constitutional rights are violated, after the state Senate approved a landmark bill authored by Senator Scott Wiener (D–San Francisco).
Wiener’s legislation, Senate Bill 747, known as the No Kings Act, was passed by a 30–10 vote in the California Senate and will now advance to the State Assembly. Under existing U.S. law, it is very difficult for plaintiffs to recover damages from federal officers even in cases involving egregious constitutional violations, due largely to limitations created by federal immunities and Supreme Court decisions restricting such lawsuits. The No Kings Act would create a state-level civil cause of action for people harmed by illegal searches, excessive force, unlawful detention, and other rights violations by federal officials.
In an Instagram post announcing the bill’s imminent vote, Wiener explained that local police can already be sued for civil rights violations, but that federal agents often enjoy de facto immunity that shields them from similar accountability. His bill is designed to give every Californian — including immigrants and U.S. citizens alike — a legal avenue to seek financial damages when federal officers violate their constitutional rights.
Supporters of the bill cited recent incidents involving federal immigration enforcement — including shootings and detentions — as evidence of why new legal tools are necessary. They argue the law reinforces the principle that no one is above the Constitution, and that individuals must have recourse when government agents overstep legal bounds.
The bill’s passage also reflects broader state-level responses to federal immigration policy, with other proposals aimed at limiting cooperation between local authorities and federal immigration agencies and protecting immigrant communities.
Opponents of the legislation have raised constitutional concerns, noting that states may face legal challenges when attempting to exercise authority over federally employed agents, and that lawsuits could be shifted to federal court. Nevertheless, California’s move marks a high-profile example of states seeking to push back against perceived impunity by federal enforcement officials.
