Committee advances substitute allowing civil claims for constitutional violations during immigration enforcement
Summary
The committee reported a substitute to House Bill 2,597 out of committee (8‑5); the substitute would create civil causes of action for constitutional violations occurring during civil immigration enforcement, limit immunity consistent with federal law, and shorten the statute of limitations to two years.
The Civil Rights and Judiciary Committee reported a proposed substitute to House Bill 2,597 out of committee after debate over its necessity and scope.
Committee staff summarized the substitute as creating a civil claim for damages for persons injured when a government agent violates U.S. constitutional rights during civil immigration enforcement. The substitute aligns defendants' defenses with comparable federal §1983 claims, preserves sovereign‑immunity limitations, makes attorney's fees permissive rather than mandatory, and reduces the statute of limitations to two years.
Representative Tai, the bill's prime sponsor, said the substitute incorporated feedback from testifiers and committee members and is important to ensure protection of "everyday people's constitutional rights." Representative Veil questioned whether the bill responded to a demonstrated local need and raised concerns about exemptions for local law enforcement and application to U.S. armed forces. The committee voted by roll‑call and staff announced 8 ayes, 5 nays; the substitute was reported out with a due‑pass recommendation.
Next steps: the substitute will proceed to further legislative consideration.
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