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Senate approves state-court remedy for alleged constitutional violations during civil immigration enforcement after hours of debate
Summary
After extended debate and failed and adopted amendments, the Colorado Senate on Feb. 23, 2026, passed Senate Bill 5, which creates a state cause of action for people who allege their federal constitutional rights were violated during civil immigration enforcement; sponsors and opponents clashed over mental-state elements, provocation, immunity and potential litigation costs.
The Colorado Senate passed Senate Bill 5 on Feb. 23, 2026, establishing a state civil cause of action for people who say federal constitutional rights were violated during civil immigration enforcement.
Senator Weissman, a sponsor, told colleagues the bill creates a forum for claims that federal remedies alone do not fully address, saying the measure "is simply provide a forum to even get into the question" of whether rights guaranteed by the U.S. Constitution were violated. He noted federal defendants may still assert immunities but argued the bill restores a path to court for people who otherwise have no remedy.
Opponents warned the measure, as drafted, could…
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