California Authorizes People To Sue ICE, Border Patrol For Constitutional Violations Under New Law By Senator…

Starting today, Californians can sue ICE, CBP, and other federal agents who violate their constitutional rights under Senator Scott Wiener’s No Kings Act.

SAN FRANCISCO – Governor Newsom signed Senator Scott Wiener’s (D-San Francisco) SB 747, the No Kings Act, a first-of-its-kind law to hold ICE, Border Patrol, and other federal officers accountable for violating Californians’ constitutional rights. Senator Wiener was the first state lawmaker in the nation to introduce this type of proposal in response to the Trump Administration’s extreme overreaches.

The bill, which took effect immediately upon signing, authorizes Californians to file civil lawsuits against any federal official or violations of the Constitution, closing a legal loophole that protected federal agents from accountability. The bill applies retroactively to any incident going back to March 1, 2025, allowing thousands of Californians victimized during last year’s ICE raids, or its escalating operations this year, to seek justice.

The bill’s passage comes as ICE arrests have reached their highest level of the second Trump Administration, with over 50,000 arrests in August, or 1,600 arrests per day. ICE’s aggressive expansion into airports and targeting people with valid work permits and pending asylum cases has disrupted travel and sewn fear and chaos into communities across the country. ICE and Border Patrol agents have shot and killed people under what can only be described as horrific and egregious circumstances.

“ICE and Border Patrol have terrorized California communities with impunity. That ends today,” said Senator Wiener. “Californians have watched in horror as ICE tore people like Marvin Godoy Calderon and George Retes from their homes or cars, and murdered Lorenzo Salgado Araujo, Renee Good, Alex Pretti, and Johan Sebastián Durán Guerrero in broad daylight. When federal agents act lawlessly, they should be held accountable the same as any other lawbreaker. But for too long, a loophole in the law has shielded them from accountability. The No Kings Act provides long overdue accountability to end the impunity powering ICE and Border Patrol’s terror campaign.”

Other states have begun to emulate the No Kings Act, and four have now enacted versions of the proposal. Over 70 million Americans are now protected under laws that began here in California.

“In a country where the United States Constitution is the supreme law of the land, whether Americans should have a remedy for wrongs committed by governmental officials should turn on whether the Constitution was violated—not what badge the officer has. We thank Governor Newsom for signing the No Kings Act so that Californians harmed by any officer’s misconduct—whether federal, state, or local—can have a real day in court,” said Cameron Kistler of Protect Democracy United.

ICE is Rampaging Lawlessly Through Cities Across the Nation

ICE, Customs and Border Patrol, and other federal agents are displaying a reckless disregard for longstanding constitutional protections as they rampage wildly through American cities. Since last July, federal judges have ruled that ICE officials illegally detained people without bond or due process in over 10,000 cases.

This year alone, federal agents have:

Beaten and kidnapped Marvin Godoy Calderon — a janitor who holds a legal work permit — in broad daylight in San Francisco.
Choked and kidnapped Iryna Gorb at SFO.
Publicly executed Renee Good and Alex Pretti in broad daylight in Minneapolis. They are now refusing to investigate these public murders.
Tear gassed and pepper-sprayed George Retes – a US citizen and combat veteran – outside Camarillo, California before dragging him out of his car and holding him for 72 hours with no charges, no phone call, no lawyer, and no medical care. He was released with no charges and no apology.
Arrested 5-year-old Liam Conejo Ramos to lure his mother — who entered the country legally — out of their home. Liam and his father are now being held in a detention center over 1,300 miles from their home.
Broke down the door of Garrison and Teyana Gibson, arresting Garrison while his daughter cowered inside. They did not have a judicial warrant and claim that they no longer need one to break down people’s doors.
Shot and blinded two people – Kaden Rummler and Britain Rodriguez – who were exercising their right to protest ICE’s horrific actions at a demonstration in Santa Ana, California.

The victims of these cases are overwhelmingly not eligible for damages because of a loophole in the law.

“SB 747 is a historic victory for the communities who have watched ICE and other federal agents terrorize our neighborhoods with shameful impunity," said Hector Pereyra, Political Director of the Inland Coalition for Immigrant Justice. "We have seen firsthand what happens when agents use excessive force, violate people’s rights, and operate as though they are above the law. Constitutional rights mean nothing if there is no meaningful way to enforce them. SB 747 changes that by giving Californians a path to hold federal agents accountable in court when they violate our rights. This is about making clear that no badge, no agency, and no government official is above the Constitution.”

The No Kings Act Allows Groundbreaking Accountability for ICE & Other Federal Agents

Since the 1970s, people harmed by the federal government have sought justice through “Bivens actions,” a right to sue created by the Supreme Court in Bivens v. Six Unknown Named Agents (1971). But in recent years, the Supreme Court has sharply limited Bivens actions, giving federal officers de facto immunity from prosecution for willful violations of constitutional rights. SB 747 restores a right of action to Californians who suffer from illegal acts by federal officials, providing a critical check on federal lawlessness in the second Trump era.

SB 747 creates a new remedy for any deprivations of rights, privileges, or immunities under the U.S. Constitution. Under SB 747, individual plaintiffs will be able to bring a lawsuit for monetary damages against any federal, state, and local officer who violates their constitutional rights so that victims of unconstitutional conduct have a path to justice and that no officer is above the law.

Under the No Kings Act, individuals can seek remedies for:

First Amendment Violations: Retaliating against a person for their protected speech, interfering with the free exercise of religion or the freedom of the press, or using excessive force to break up a peaceful protest
Fourth Amendment Violations: Conducting an unlawful search of a person’s home or an unreasonable seizure at a checkpoint without a warrant or probable cause, or using excessive force during arrest
Fifth Amendment/Equal Protection Violations: Unlawfully targeting individuals for enforcement actions or tax audits on the basis of race, national origin, or political identity

“Today, California has enshrined into law a basic principle of our democracy: no one is above the Constitution. No longer can federal agents – or any government official – violate our fundamental rights with impunity," said Cristine Soto DeBerry, Executive Director of the Prosecutor's Alliance. "If federal agents continue to terrorize our communities, rip families apart, and subject people to unconscionable conditions, Californians now have a path to hold them accountable. We thank Senator Wiener and our partners for their steadfast dedication to defending the Constitution and ensuring that everyone in this state is held to the rule of law. All Californians are safer today because of it.”

SB 747 is sponsored by Protect Democracy United, Prosecutors Alliance Action, the Inland Coalition for Immigrant Justice, and the California State PTA.

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