Photo courtesy of ICE
by Lynn La, CalMatters
This story was originally published by CalMatters
A San Francisco state senator unveiled legislation Tuesday that aims to give Californians the right to seek damages from federal agents, as President Donald Trump’s administration continues to ramp up immigration enforcement across the U.S.
The bill authored by Sen. Scott Wiener, a Democrat and congressional hopeful, would enable people to file a lawsuit or seek redress against local, state and federal officers for violating their constitutional rights.
Wiener, at a press conference: “This (federal) administration is attempting to wield unchecked power to illegally kidnap and deport people, to punish the administration’s political opponents using government resources, to freeze university funding and to fire thousands of federal workers en masse.”
The measure works to promote what’re known as Bivens lawsuits, a precedent established by a U.S. Supreme Court ruling in 1971, which permits individuals to sue federal officers for violating their constitutional rights. But in the years since, the high court has curtailed Bivens actions, making it difficult for people to bring forth claims and recover damages.
In October ProPublica found that more than 170 U.S. citizens have been detained during immigration sweeps — some of whom were reportedly beaten and shot. Little recourse is available for victims, though in a rare case, the Riverside County Sheriff’s Department arrested a federal immigration enforcement officer last week after he held a teenage boy at gunpoint and detained him.
Wiener’s proposal comes a day after the Trump administration filed a lawsuit to block a new California law written by Wiener that bans law enforcement officers, including federal agents, from wearing face coverings.
The Federal Bureau of Investigation has warned other agencies that criminals have posed as immigration agents to carry out crimes, but the U.S. Department of Justice said California’s law threatens the safety of federal officers.
