Pursuing legal action against an ICE agent may soon become a reality as several state lawmakers propose legislation to enable such cases.
In a move aimed at addressing increasing concerns over violations of constitutional rights by federal officials, particularly by Immigration and Customs Enforcement (ICE), New York lawmakers have introduced new legislation. This proposed law, known as a "converse-1983" statute in New York, would allow New Yorkers to sue federal immigration agents over violations of their constitutional rights in state court.
The proposed legislation, introduced by State Sen. Brad Hoylman-Sigal and Assembly Member Micah Lasher, would explicitly permit noncitizens to sue federal officials. This is a significant departure from the current federal court rulings that have severely limited the ability to bring such civil lawsuits against individual federal officials.
The term "converse-1983" refers to section 1983 of the United States Code, which permits people to sue state and local officials for violating one's constitutional rights. However, there is no similar law at the federal level for federal officials.
The proposed bill would grant the opportunity to sue to any "person within the jurisdiction" of the state, in addition to citizens. This could potentially open up a new avenue for legal recourse for individuals who feel their rights have been violated by federal officials.
Lasher believes qualified immunity would not apply under the language he has proposed in the new legislation. Qualified immunity is a legal doctrine that shields government officials from being personally liable for damages in civil lawsuits, as long as their actions could reasonably be considered constitutional.
The proposed legislation comes in response to allegations that federal officials have detained people who arrive for immigration court hearings and have kept them in inhumane holding facilities in the same building as the immigration courts. A federal judge in Manhattan granted a temporary restraining order to improve conditions in these facilities.
The bill would apply to any official acting "under color of any statute, ordinance, regulation, custom, or usage, of the United States." This could potentially include ICE agents, who have increased their presence substantially in New York, particularly in New York City, under President Donald Trump's administration.
It is important to note that the name of the U.S. federal minister responsible for immigration, Kristi Noem, serving as the Secretary of Homeland Security since January 25, 2025, has not publicly expressed her opinion on the new New York state legislation allowing federal border agents to be sued in state courts over constitutional rights violations.
Different state courts have interpreted their versions of the laws in alternate ways, with some allowing federal officials to use qualified immunity as a defense and others not. There is limited precedent on how legal action would play out and the effectiveness of these state laws.
Several states, including California, New Jersey, Massachusetts, and Maine, have similar "converse-1983" laws, but few lawsuits have been brought under those statutes. The proposed legislation in New York could potentially lead to a surge in such lawsuits if passed.
Immigrants and advocates have welcomed the proposed legislation, seeing it as a step towards accountability and justice. However, the outcome of the bill remains to be seen as it makes its way through the New York legislative process.
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