Immigration agents could be sued in state court under a bill by Colorado Democrats

Coloradans could sue federal immigration agents who violate their constitutional rights in state court under a bill that passed its first committee at the Colorado State Capitol.

Senate Bill 26-005 comes after federal agents shot and killed two American citizens who were at immigration operations in Minnesota, sparking protests across the country. It's part of a package of bills that state Democrats say were in the works long before the recent violence.

Immigration rights advocates rallied in support of the measure Monday before its first hearing in front of the Senate Judiciary Committee.

State Rep. Yara Zokaie, who is co-sponsoring the bill with state Rep. Javier Mabrey, and state Sen.s Mike Weissman and Julie Gonzalez, says the measure is about protecting the constitutional rights of all Coloradans.

"My message to ICE agents: 'I was just following orders' is no excuse for committing atrocities," Zokaie said.

The legislation would allow people to recover damages and legal fees when federal immigration agents violate their constitutional rights, including denying due process, illegally searching their home, and using excessive force. The bill bars agents from using government immunity to avoid accountability. 

"There is no more American idea than equality under the law. Commitment to that principal, not, you know, where you are from or how many generations you've been here," said Weissman.

He and Gonzalez say they began working on the bill late last year.

"Although the killings of Americans by federal agents in Minnesota further underscore the need for a clear pathway for accountability, the need is not limited to that, and it was very evident before those atrocities," he said.

Weissman says, while Americans can sue state and local officials for damages when their constitutional rights are violated, they can only sue federal officials in limited circumstances and, immigration enforcement isn't one of them.

"We need to make sure that legal remedies are sufficient so that people who are harmed by that can go to court and seek justice," he said.

Republican state Sen. John Carson, who voted against the bill in the Judiciary Committee, called it a political statement.

"I think that we already have adequate remedies in the law for people whose rights are violated. I think the real losers in this kind of legislation are the taxpayers, because they're the ones who are going to have to pay these legal settlements," he said.

But supporters of the bill, that passed committee on a party-line vote, say the cost of inaction is far greater.

"In this moment when federal officers are acting with violence and impunity, it is so important that we stand up publicly to say enough is enough," said state Sen. Iman Jodeh.

Jodeh is co-sponsoring another measure with Weissman, Zokaie, and state Rep. Meg Froelich that would bar immigration agents in Colorado from wearing masks and require they display identification. If they refuse, they could be held liable for impersonating a peace officer.

Jodeh, Weissman and state Rep.s Elizabeth Velasco and Lorena Garcia are also bringing a bill that would require environmental and health inspections of detention centers and protect people from deportation if they are headed to or from a health care facility, school, child care center, court, or place of worship.

"In a country where U.S. citizens are being detained, and children are being used as bait to lure parents into detention centers, I'm always thinking about what we can do to protect our neighbors, uphold the U.S. Constitution, and ensure our state's laws are enforced," said Garcia.