SACRAMENTO – A week after a Minnesota woman was shot and killed by an immigration officer, California lawmakers passed a bill that would make it easier for people to sue federal agents if they believe their constitutional rights are being violated.
A Senate committee passed Senate Bill 747 by Sen. Scott Wiener (D-San Francisco), which would give Californians a stronger ability to take legal action against federal law enforcement agents for excessive use of force, illegal home searches, interfering with the right to protest and other violations.
California law already allows for such lawsuits against local and state law enforcement officials.
Successful civil lawsuits against government officials regarding constitutional rights are rare.
Wiener, who appeared before the Senate Judiciary Committee on Tuesday, said his bill took urgent action after the death of Renee Nicole Good in Minnesota, a 37-year-old mother of three who was shot while driving on a snowy Minneapolis street.
Good was shot by a security agent, said Department of Homeland Security Secretary Kristi Noem, who suspected that Good tried to use his car as a weapon to pull over an immigration officer.
Good’s death has angered Democratic leaders across the country, who accuse federal officials of breaking the law in their efforts to deport thousands of undocumented immigrants. In New York, legislators are proposing legislation similar to the one proposed by Wiener that would allow civil actions at the state level against government officials.
George Retes Jr., a U.S. citizen and Army veteran who was held in custody for three days in July, described his ordeal during Tuesday’s committee hearing, and how immigration officers attacked him during a raid in Camarillo.
Retes, a contracted security guard at the farm that was attacked, said he was brought to the Port Hueneme Naval Base. Officers swabbed his cheek to obtain DNA, and took him to the Metropolitan Detention Center in Los Angeles. He said he was not allowed to call or see a lawyer.
“I did not resist, I did not block or hit any agent,” Retes said. What happened to me that day was not a disagreement.
He also accused Department of Public Safety spokeswoman Tricia McLaughlin of spreading false information about him to secure his arrest. DHS said in a statement last year that Retes interfered with their work, which it denied.
Retes has filed a harassment claim against the U.S. government, a process that rarely succeeds, said his attorney, Anya Bidwell.
Cases can also be brought under the Bivens doctrine, which refers to the 1971 Supreme Court decision, Bivens vs. The Six Unknown Federal Agents established that federal officials could be sued for money damages for violating the constitution. But in recent decades, the Supreme Court has repeatedly limited the power to sue under Bivens.
Wiener’s bill, if passed by the legislature and signed by Gov. Gavin Newsom, will resume work in March 2025.
“Enough is enough with this terrorist campaign in our communities by ICE,” Wiener said at a press conference before the hearing. “We need law and we need accountability.”
Weiner is running for the congressional seat held by former House Speaker Rep. Nancy Pelosi (D-San Francisco).
Law enforcement representatives appeared at Tuesday’s hearing to ask for an amendment to ensure that the bill does not lead to weaker protections for state and local officials.
“We do not oppose the intent of the bill. We are concerned about the future and the unintended consequences for your California employees,” said David Mastagni, spokesman for the Peace Officers Research Assn. of California, representing more than 85,000 public safety members.
Wiener’s bill is the latest effort by the state Legislature to challenge President Trump’s attack on immigration. Newsom last year signed legislation endorsed by Wiener that prohibits law enforcement officials, including federal immigration agents, from wearing masks, with some exceptions.
The US Department of Justice sued last year to block the law, and a hearing is scheduled for Wednesday.
