Lawmakers push to allow lawsuits against federal agents amid ICE protests

Several Democratic-led states are pursuing measures to allow state-court lawsuits against federal agents after protests over ICE tactics; Illinois passed such a law and the U.S. Justice Department has sued to block it.

Several Democratic-led states are advancing laws that would let people sue federal agents in state courts for alleged civil rights violations. The proposals gained renewed attention after protests over tactics used by U.S. Immigration and Customs Enforcement during recent deployments. Illinois last month became the first state to pass such a law. The U.S. Justice Department has filed a lawsuit seeking to block Illinois' measure. Key facts: - Several states, including California, New York, Virginia, Maryland and Connecticut, are considering bills to allow civil rights claims in state court against federal agents such as ICE officers. - Illinois enacted a law allowing lawsuits against federal agents who knowingly violate constitutional rights; the Justice Department sued to block the law, citing the Supremacy Clause. - California’s proposal, called the No Kings Act, passed a state Senate committee but still requires further legislative approval and the governor’s signature. - Existing federal remedies differ: Section 1983 provides a remedy for state and local officials, while the Federal Tort Claims Act allows claims against the U.S. government but does not permit naming individual federal agents; Congress has not created a parallel private right of action for federal officers. Summary: If the state measures are enacted and upheld, they would create additional avenues for civil claims against federal law enforcement officers, but they face constitutional and legal challenges. The Justice Department’s lawsuit against Illinois is pending, and further court proceedings and potential appeals are undetermined at this time.