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House passes bill allowing state-court suits for alleged constitutional violations during civil immigration enforcement
Summary
The House approved Senate Bill 5, which creates a state-law cause of action for alleged constitutional violations during civil immigration enforcement; sponsors said the measure fills a remedial gap while opponents warned it invites litigation and conflicts with federal authority. The bill passed on the floor after one hour of debate.
The Colorado House on May 6 passed Senate Bill 5, a bill that would let people sue in state court for alleged violations of their U.S. constitutional rights that occur during civil immigration enforcement. Sponsor Representative Zocai argued the proposal fills a gap in remedies when federal enforcement violates rights, saying the bill "creates a state level cause of action so that when someone's constitutional rights are violated during civil immigration enforcement, they can seek relief in Colorado courts."
Supporters invoked multiple specific incidents they said demonstrated the urgency. "Luis Gustavo Nunez Caceres, a 42 year old from Honduras, died in ICE custody in January 2026," Zocai said, and she cited other named deaths and court filings that, she said, describe inadequate food and medical care in detention centers. Those examples, she said, show courts and federal remedies have left people "without meaningful recourse."
Opponents said the bill would invite litigation, undermine long-standing immunities, and likely be challenged in federal court. Representative Soper said the measure "strips away qualified immunity" and that the state should wait for outcomes from litigation in other states. Representative Bottoms called the bill "a horrible, horrible piece of legislation" and warned it would subject federal agents and local governments to expensive lawsuits.
Floor debate included detailed legal arguments about standing, supremacy and the Westfall Act, and references to past federal cases. Sponsors said the statute is written to preserve constitutionally required immunities where necessary and to include a severability clause so remaining provisions survive if parts are struck down.
The House proceeded to a voice vote on the bill and the chair declared that Senate Bill 5 passed. The final roll-call tally for the passage was not read into the public transcript.
What happens next: Because this bill creates a novel state-court cause of action tied to federal immigration enforcement, the sponsors and several members acknowledged it will be subject to litigation. The measure now advances in the legislative process as enacted by the House.
