SACRAMENTO — A week after a Minnesota woman was fatally shot by a federal immigration officer, California legislators moved forward a bill that would make it easier for people to sue federal agents if they believe their constitutional rights were violated.
A Senate committee passed Senate Bill 747 by Sen. Scott Wiener (D-San Francisco), which would provide Californians with a stronger ability to take legal action against federal law enforcement agents over excessive use of force, unlawful home searches, interfering with a right to protest and other violations.
California law already allows such suits against state and local law enforcement officials.
Successful civil suits against federal officers over constitutional rights are less common.
Wiener, appearing before Tuesday’s Senate Judiciary Committee hearing, said his bill has taken on new urgency in the wake of the death of Renee Nicole Good in Minnesota, the 37-year-old mother of three who was shot while driving on a snowy Minneapolis street.
Good was shot by an agent in self-defense, said Department of Homeland Security Secretary Kristi Noem, who alleged that Good tried to use her car as a weapon to run over the immigration officer.
Good’s death outraged Democratic leaders across the country, who accuse federal officers of flouting laws 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 state-level civil actions against federal officers.
George Retes Jr., a U.S. citizen and Army veteran who was kept in federal custody for three days in July, described his ordeal at Tuesday’s committee hearing, and how immigration officers swarmed him during a raid in Camarillo.
Retes, a contracted security guard at the farm that was raided, said he was brought to Port Hueneme Naval Base. Officials swabbed his cheek to obtain DNA, and then moved him to Metropolitan Detention Center in Los Angeles. He was not allowed to make a phone call or see an attorney, he said.
“I did not resist, I did not impede or assault any agent,” Retes said.”What happened to me that day was not a misunderstanding. It was a violation of the Constitution by the very people sworn to uphold it.”
He also accused Department of Homeland security spokesperson Tricia McLaughlin of spreading false information about him to justify his detention. DHS said in a statement last year that Retes impeded their operation, which he denies.
Retes has filed a tort claim against the U.S. government, a process that is rarely successful, said his attorney, Anya Bidwell.
Lawsuits can also be brought through the Bivens doctrine, which refers to the 1971 Supreme Court ruling Bivens vs. Six Unknown Federal Agents that established that federal officials can be sued for monetary damages for constitutional violations. But in recent decades, the Supreme Court has repeatedly restricted the ability to sue under Bivens.
Wiener’s bill, if passed by the legislature and signed by Gov. Gavin Newsom, would be retroactive to March 2025.
“We’ve had enough of this terror campaign in our communities by ICE,” said Wiener at a news conference before the hearing. “We need the rule of law and we need accountability.”
Representatives for law enforcement agencies appeared at Tuesday’s hearing to ask for amendments to ensure that the bill wouldn’t lead to weakened protections for state and local officials.
“We’re not opposed to the intent of the bill. We’re just concerned about the future and the unintended consequences for your California employees,” said David Mastagni, speaking on behalf of the Peace Officers Research Assn. of California, which represents more than 85,000 public safety members.
Wiener’s bill is the latest effort by the state Legislature to challenge President Trump’s immigration raids. Newsom last year signed legislation authored by Wiener that prohibits law enforcement officials, including federal immigration agents, from wearing masks, with some exceptions.
The U.S. Department of Justice sued last year to block the law, and a hearing in the case is scheduled for Wednesday.
