As Washington state officials ramp up opposition to federal immigration enforcement efforts, one state lawmaker has proposed a bill that would limit legal immunities for federal immigration officers.
The legislation would allow people to file civil claims against those officers on the basis that they violated the U.S. Constitution. Such situations could potentially apply in situations where federal immigration officers are arresting individuals during civil immigration enforcement activities who have criminal records.
House Bill 2597 sponsored by Rep. My-Linh Thai, D-Bellevue, would create liability for actions taken by a government agent while participating in civil immigration enforcement for legal relief, equitable relief and any “other appropriate relief.” The claim must be filed within three years of the incident.
The bill would also deny the government agent the grant of any immunity. If enacted by the state Legislature, the bill would take effect immediately due to an emergency clause provision.
Testifying at the bill’s public hearing Wednesday, My-Linh Thai told the House Civil Rights & Judiciary that “the piece of legislation in front of you, from my perspective, is simple. If you do not violate people’s constitutional right, you have nothing to worry about.”
In response to a query by Rep. Jim Walsh, R-Aberdeen, she added that the bill would not supersede federal law or federal constitutional protections.
Rep. Cyndy Jacobsen, R-Puyallup, questioned how the bill’s provisions would be interpreted.
“Could there be different interpretations of that?” she asked. “If a court was going to be determining what sorts of immunities were applicable … that may be something that a court could evaluate. Federal agents actions that are deemed to be necessary and proper as part of their role in administering federal law has an immunity provision. State law cannot displace that.”
