California Senate approves bill making it easier to sue ICE agents

A bill that would make it easier for Californians to sue immigration agents and other federal officials for civil rights violations sailed through the state Senate on Tuesday.

Senate Bill 747, dubbed the No Kings Act, would create a first-in-the-nation legal pathway for residents to seek financial damages in state court for excessive force, false arrest and other violations of constitutional rights committed by federal officers.

The bill was written by Sen. Scott Wiener, D-San Francisco. If state or local law enforcement officers had shot Renee Good and Alex Pretti, two people recently killed by federal agents in Minneapolis, they could be held financially liable, he said.

“But under current law, it’s almost impossible to file that same lawsuit against a federal agent who does the same thing,” Wiener said. “If the federal government won’t hold these agents accountable for violating the Constitution, we will.”

The measure passed the state Senate on a 30-10 party-line vote, with Republicans arguing the bill could expose local police to more lawsuits.

Tuesday’s vote is the latest move by Democrats in the state Legislature to create a bulwark against the Trump administration’s deportation crackdown.

Last year, lawmakers set aside $25 million for legal nonprofits to defend residents facing detention or deportation. They also approved a bill, written by Wiener, to prohibit local and federal law enforcement officers from wearing masks on duty — which is currently facing a legal challenge from the Trump administration.

SB 747’s supporters said it would give Californians a chance to hold federal officials accountable in a way that can be difficult under current law.

Border patrol agents march to the Edward R. Roybal Federal Building on Aug. 14, 2025, in Los Angeles, California. California prosecutors are pushing back on claims from the federal government that ICE agents have immunity from prosecution, vowing to investigate federal agents who break the law.

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Carlin Stiehl

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Los Angeles Times via Getty Images

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“Today we are deliberating an issue to try to solve and also remedy the fear that folks are living with,” said Senate President pro Tem Monique Limón, D-Santa Barbara. “In combination with the fact that we have not seen due process.”

Wiener argued that existing law makes it difficult for victims to receive damages in federal court. For example, the Federal Tort Claims Act protects the government from liability arising from decisions made by individual officers and requires plaintiffs to first file an administrative claim.

Supporters of SB 747 include the Prosecutors Alliance, a coalition of progressive district attorneys, and Inland Coalition for Immigrant Justice, which advocates for immigrants in California’s Inland Empire.

The bill is opposed by organizations representing California police officers, sheriffs and Highway Patrol officers.

They argued the change will undercut an existing state law, known as the Bane Act, which requires Californians who sue law enforcement officials to show that a civil rights violation was accomplished through “threats, intimidation, or coercion.”

“The question before you is not whether accountability should exist, but what creating a second, overlapping state system actually adds — other than more litigation and more risk for those on the front lines,” said Sen. Suzette Martinez Valladares, R-Santa Clarita.

During debate on the Senate floor, Wiener said local police officers and sheriffs can already be sued under federal law for violating constitutional rights.

“The liability that local and state police officers face will be the same after this is signed into law as before,” Wiener said. “It doesn’t change that.”

Senate Bill 747 now heads to the state Assembly.

In an analysis of SB 747, staffers on the Senate Judiciary Committee wrote, “the bill is very likely to be challenged by the federal government if signed into law.”