Legislation that makes it easier for Californians to sue federal officers, including immigration agents, is heading to Gov. Gavin Newsom’s desk after the Senate overwhelmingly passed it Thursday.
The bill, authored by Sen. Scott Wiener, D-San Francisco, passed the Senate in a 28-10 vote after passing 54-17 in the Assembly on Tuesday. Wiener told the Senate the bill creates a pathway for residents to sue any federal, state or local official “who violates their constitutional rights.”
Wiener has said the bill would allow people harmed by U.S. Immigration and Customs Enforcement agents to file a lawsuit over their mistreatment by closing loopholes that made it difficult to sue federal law enforcement in California state courts. Allegations could now include freedom of speech violations, unlawful searches, racial profiling — or wrongful death.
Wiener, who is now running for a congressional seat, first introduced Senate Bill 747, also known as the No Kings Act, in September 2025. But attention on the bill picked up earlier this year in the wake of the violent confrontations in Minnesota, where ICE agents shot and killed 37-year–old Alex Pretti and 37-year-old Renee Good.
“Today’s vote means Californians harmed by a federal agent’s misconduct are one step closer to a real day in court,” Cameron Kistler with nonprofit Protect Democracy said in a statement. “We urge Governor Newsom to sign it into law without delay.”
If signed into law by Newsom, the bill will make California the fifth state this year to give residents a remedy when federal law enforcement violates their constitutional rights, according to Protect Democracy, which co-sponsored the bill. The other states are New York, Vermont, Connecticut and Massachusetts.
Amendments made to the bill clarify that it does not apply to cities, counties or public entities but, rather, to individuals, Wiener told senators Thursday. He said it does not expand liabilities beyond what federal law already permits.
Despite criticism from Republicans that the legislation goes outside the state’s jurisdiction, Erwin Chemerinsky, the law school dean at UC Berkeley and an expert in constitutional law, told the Chronicle it’s likely that California will be able to enforce a law allowing lawsuits to be filed against federal agents in state court over violations of constitutional rights.
“I do not believe that the supremacy clause automatically protects federal officers from state tort or criminal liability,” Chemerinsky said, referring to the section of the U.S. Constitution that declares federal law to be the supreme law of the land, overriding any conflicting state laws.
