Bad Bill
Sponsors: Sen. Julie Gonzales (D-Denver), Rep. Javier Mabrey (D-Denver), Rep. Manny Rutinel (D-Commerce City), Rep. Lorena García (D-Adams)
The bill creates a civil cause of action in state court for persons injured when “another person violates the United States Constitution while participating in civil immigration enforcement.” The statute of limitations runs two years from when the cause of action accrues. Injured parties may seek legal or equitable relief or other appropriate relief.
The cause of action applies to constitutional violations occurring “whether or not under color of law.” This language extends liability beyond government actors to private persons participating in immigration enforcement activities.
Current federal law provides remedies for constitutional violations by federal officers through Bivens actions and by state actors through 42 U.S.C. § 1983. The bill creates a parallel state law remedy in Colorado courts.
Questions raised about the legislation include how state courts will interpret federal constitutional standards in immigration enforcement contexts, whether the cause of action conflicts with federal immigration enforcement authority under Article I Section 8 and the Supremacy Clause, and whether private actors participating in immigration enforcement activities face litigation risk that affects cooperation with federal authorities. Senate Judiciary will hear the bill next week. Senator Gonzales chairs Senate Health and Human Services. The four sponsors serve from Denver, Commerce City, and Adams County.
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