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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 three-year limitations period, severability and an emergency clause, and contains language to avoid conflicting with federal law and funding conditions.
Sponsor Representative Milin Tai (41st District) and a broad coalition of supporters argued the bill fills an accountability gap for communities that fear constitutional violations during immigration enforcement. Speakers including community-advocacy groups, the Latino Community Fund, the mayor of Tacoma and the Tacoma City Council member testified it would restore trust and provide remedies for harms they described.
Law-enforcement associations cautioned the committee about the bill's definitions of "government agent" and what it means to "participate" in immigration enforcement; representatives said ambiguous language could create liability for officers acting in split-second life-or-death situations and urged clearer definitions and training. Staff noted that the bill attempts to limit provisions that conflict with federal funding requirements and that immunity language focuses on actions that are not necessary and proper to federal duties.
The committee took public testimony from a long roster of supporters and opponents; the hearing closed with staff confirming certain conflict-limiting language and the committee noting executive action on related bills will be deferred.
