In a 30-10 vote, the California Senate passed SB 747, dubbed the No Kings Act, on Tuesday. The legislation aims to close what supporters call a legal loophole that shields federal agents – including those with ICE and Customs and Border Patrol – from accountability for violating constitutional rights.
Groundbreaking Legislation
The No Kings Act is described as the first of its kind in the nation. It seeks to establish a standard of accountability for federal officers comparable to that already in place for state and local law enforcement. Other states have begun to emulate the Act, but California is the first to pass it through a legislative body.
Senator Scott Wiener (D-San Francisco), the bill’s author, stated, “By passing the No Kings Act, we’re putting a stop to the impunity that’s enabling ICE and Border Patrol’s sickening terror rampage through American cities.” He specifically cited the cases of Renee Good and Alex Pretti, who he said were “executed in broad daylight,” and the need for justice for victims of what he termed “Trump’s terror campaigns.”
Concerns Over Federal Overreach
The bill comes amid growing concerns about the actions of federal agents in cities across the country. Recent incidents, as outlined in the legislation, include the tear gassing of US citizen and combat veteran George Retes, the arrest of a 5-year-old boy to locate his mother, and the shooting and blinding of protestors in Santa Ana, California. These actions, advocates say, have largely gone without consequence due to existing legal protections afforded to federal officers.
Senator Lena Gonzalez (D-Long Beach), Chair of the Latino Legislative Caucus, emphasized that the bill would provide Californians with “a legal pathway in court” to defend their rights. Cameron Kistler, Counsel for Protect Democracy United, added that the legislation would ensure individuals can “have their day in court” when their constitutional rights are violated.
What’s Next?
SB 747 now moves to the California Assembly for consideration. If passed there, it will be sent to the Governor for signature. Should it become law, it could face legal challenges from the federal government, arguing over the extent of state authority to regulate federal agents. It is also possible that other states may consider similar legislation, potentially creating a broader movement to address concerns about federal overreach and accountability.
Frequently Asked Questions
What is a Bivens action?
A Bivens action is a right to sue federal agents for violating constitutional rights, established by the Supreme Court in Bivens v. Six Unknown Named Agents (1971). However, the Supreme Court has recently limited these actions.
What specific constitutional rights does the No Kings Act address?
The No Kings Act allows individuals to seek remedies for violations of the First, Fourth, and Fifth Amendments, including unlawful searches, excessive force, and discrimination.
What happens if the No Kings Act is signed into law?
If signed into law, individuals in California will be able to sue federal officers for monetary damages if they believe their constitutional rights have been violated. The bill could also face legal challenges from the federal government.
Will this legislation truly change the dynamic between federal agents and the communities they serve, or will legal battles and potential limitations on its scope ultimately diminish its impact?
