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Proposal to create state damages claim for constitutional violations during immigration enforcement draws broad support and caution
Summary
House Bill 2597 would allow a state civil cause of action when a government agent violates a person's US constitutional rights while participating in civil immigration enforcement, permit compensatory and punitive damages, and impose a 3-year filing window; immigrant-rights groups and local officials supported the bill while law-enforcement groups and some legal commenters urged careful drafting due to federal preemption and officer-immunity concerns.
House Bill 2597 would create a state civil cause of action for persons whose federal constitutional rights are violated during civil immigration enforcement by any government agent participating in that enforcement.
Staff told the committee the bill authorizes damages (compensatory and punitive), requires courts to award reasonable attorney's fees to prevailing plaintiffs (and allows fees to defendants in frivolous cases), includes a…
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