Connecticut Attorney General William Tong was joined by the State Senate Democratic majority leaders, the chairs of the General Assembly’s Judiciary Committee, and United States Senator Richard Blumenthal to push legislation that will restrict where federal Immigration and Customs Enforcement (ICE) agents can pursue individuals wanted on immigration detainers and allow lawsuits against ICE agents and other federal officers if a Connecticut resident’s civil rights are violated. 

Tong said the legislation is in response to the “murder” of Renee Good and Alex Pretti during protests against ICE operations in Minneapolis, Minnesota, and to establish in state law that federal agents cannot enter “sanctuary” areas like churches and hospitals to execute civil immigration detainers.

Tong said the legislation was a matter of protecting and enforcing Connecticut’s sovereign ability to create and enforce its own laws, and that federal agents must abide by those laws while conducting operations in the state.

“It is the policy and the law of the State of Connecticut to respect, honor, and protect immigrants and immigrant families, and it is the policy and the law of the state of Connecticut to enforce state law,” Tong said. “Connecticut is sovereign, which means we get to live, largely the way we want to live, and we delegated limited powers to the federal government.”

The Judiciary Committee is set to vote SB 397 out of committee, which would allow the attorney general to bring legal action against federal officers if they deprive anyone of their constitutional rights or interfere with their constitutional rights. It would also establish in law “protected areas” where federal law enforcement cannot take an individual into custody “on the basis of a civil offense,” unless the “representative” is acting in their official capacity, or has a judicial warrant.

Traditionally, churches have been considered sanctuary spaces, but the legislation would greatly expand those protected areas to include schools, universities, hospitals, medical offices, playgrounds, recreation centers, school bus stops, social services establishments, homeless shelters, addiction treatment facilities, state buildings, municipal buildings, cemeteries, and “a place where there is an ongoing parade, demonstration or rally.”

“Federal officials will be held accountable under state law if they break state law. It is an unremarkable proposition,” Tong said. “This makes clear that a civil suit can be brought to hold you accountable.” 

According to Tong, the ability to sue federal officers would not be limited to the officer who physically violated an individual’s rights, but also extend to whoever gave the order for the operation while sitting in headquarters in Washington D.C.

Tong said U.S. Code 1983 allows individuals to sue state or local government officials for violating their civil rights. Although federal officers can be sued under what is known as a Bivens action, Connecticut’s pending legislation would allow federal officers to be sued in state court under the applicable state laws, as opposed to federal court.

“Another provision of the bill, of course, would be to subject those federal agents who use deadly force in Connecticut to our regular standards of review by the inspector general,” Sen. Martin Looney, D-New Haven said. “Why should they be treated any differently than the regular standards we apply to our own law enforcement?”

Senator Blumenthal acknowledged the law would likely be challenged immediately and would likely be decided in court.

“We know this law is going to be challenged, that’s what they’re going to do, they’re going to challenge this law, and I think it will be upheld,” Blumenthal said. “Renee Good’s murder may be prosecuted but Renee Good and others like her who were shot, who were assaulted, who were dragged from their cars, have no redress against those agents. They have no civil remedy.”

The legislation would not affect qualified immunity for federal officers, nor government immunity. 

“Immunities are what they are, it’s a complicated area of the law at the federal level and at the state level,” Tong said. “These proposals don’t change that, but what they make clear is that federal officials, federal agents are subject to state law.”

Tong, who has argued that Connecticut is not a sanctuary state, says passage of these new laws would not change anything: “There’s nothing in any state law, any regulation I’m aware of, that says we’re a sanctuary state. Connecticut is fully compliant with federal law, period.”

Under the state’s Trust Act, state and local police are restricted from cooperating with ICE authorities unless an individual being pursued has convictions for serious crimes or is on a terrorist watch list. General Assembly Republicans in the past have argued these protections allow individuals who have committed serious offenses not included on the list to remain in the state.

House Republican Leader Vincent Candelora, R-North Branford, released a statement criticizing Democrats in the General Assembly for pushing legislation that restricts residents from suing the state for eliminating the religious exemption for vaccines.

“This week, those same Democrats want to lecture us about constitutional rights and tell us people shouldn’t be afraid of their government,” Candelora said. “They should practice what they preach. When are we going to start ‘protecting’ our own citizens? Shielding criminal illegal aliens from federal law is their priority and their version of ‘protecting democracy.’ The whole thing today was political theater, plain and simple.”

Looney said that SB 397 incorporates aspects of Gov. Ned Lamont’s bill, which expands the authority of the inspector general to investigate the use of deadly force by federal officers and expands the definition of protected spaces.

“This measure makes everybody visible in the eyes of the law when their civil rights are violated,” Blumenthal said. “It gives them a day in court and redress against those United States government agents just as they do against their state or local police in those rare cases.”

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