SB 26-5

Senate Bill 26-5, now signed into law, allows individuals who suffer harm due to a violation of their constitutional rights during civil immigration enforcement actions to sue those responsible for the violation. This includes people involved in enforcing immigration laws, whether or not they are government officials. The bill also allocates funds from specific revenue sources to support legal services related to this new cause of action. In practice, this means that victims can seek compensation and other forms of relief if their rights were violated during an immigration enforcement event.

Official Summary

The bill creates a statutory cause of action for a person who is injured during a civil immigration enforcement action has their federal constitutional rights violated by another person who, whether or not acting under color of law, violates the United States constitution while is participating in civil immigration enforcement. A person who violates the United States constitution while participating in civil immigration enforcement and whose conduct was the proximate cause of the violation is liable to the injured party the person whose rights are violated for legal or equitable relief or any other appropriate relief. The action must be commenced within 2 years after the cause of action accrues.      The bill appropriates $125,604 to the department of law from the legal services cash fund of revenue from the risk management fund.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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