ICE agent legal action encouraged by state lawmakers
In a significant move aimed at addressing increasing violations of constitutional rights, particularly by Immigration and Customs Enforcement (ICE), New York lawmakers have introduced new legislation. This proposed statute would allow New Yorkers to take legal action in state court when a federal officer has violated their constitutional rights.
The bill, known as a "converse-1983" statute in New York, named after section 1983 of the United States Code, would grant the opportunity to sue to any "person within the jurisdiction" of the state, not just citizens. Micah Lasher, Assembly Member, stated that the bill would provide New Yorkers the opportunity to take legal action in state court when a federal officer has violated their constitutional rights.
New York would join a handful of other states that have passed similar laws creating a private right to action against federal officials. However, the interpretation of these laws varies across different state courts, with some allowing federal officials to use qualified immunity as a defense, and others stating that it would not apply under the state's law. Lasher believes that qualified immunity would not apply under the language he has proposed in the New York legislation.
The increased presence of ICE in New York, particularly in New York City, has been a driving force behind the proposed state legislation. Federal court rulings have severely limited the ability to bring civil lawsuits against individual federal officials, making state-level action a potential avenue for redress.
Under the proposed legislation, any official acting "under color of any statute, ordinance, regulation, custom, or usage, of the United States" would be subject to the new law. The proposed law by Brad Hoylman-Sigal and Micah Lasher refers to the "New York State Attorney General" as the official or agency that could be sued in state court for violations of New Yorkers' constitutional rights if the law is passed.
The proposed statute is aimed at addressing the increasing violations of constitutional rights under the Trump regime. A federal judge in Manhattan recently granted a temporary restraining order to improve conditions in holding facilities for immigrants in a lawsuit alleging inhumane conditions. The proposed New York legislation would explicitly permit noncitizens to sue federal officials.
As the legislation moves through the New York State Legislature, it will be important to monitor how it evolves and how it may impact the relationship between federal officers and New Yorkers. If passed, it could set a precedent for other states to follow.
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