HARTFORD – State Senator Matt Lesser (D-Middletown) today joined his Democratic state Senate colleagues in debating and passing Senate Bill 397, “AN ACT CONCERNING DEMOCRACY AND GOVERNMENT ACCOUNTABILITY,” that could help reduce in Connecticut some of the horrific human rights and Constitutional abuses already committed by federal Immigration and Customs Enforcement (ICE) agents in multiple cities and towns across America.

The bill passed on a purely partisan 24-10 vote and now heads to the House of Representatives for consideration.  Most all of its provisions take effect immediately.

Sen. Lesser helped write the foundational portion of the ICE bill that creates a pathway – often referred to as a ‘converse-1983 action’ – for Connecticut citizens to sue ICE agents in state court if their Constitutional rights have been violated.

“With this vote, we are closing a glaring loophole – federal agents under this administration have been allowed to violate the Constitutional rights of Americans with absolutely no repercussions in places like Minneapolis, but also right here in Connecticut. This bill allows residents to sue ICE agents and others if their U.S. Constitutional rights are violated,” Sen. Lesser said today. “For 39 years, national legal experts have called on states to pass laws like this, and many have done so. It’s high time Connecticut joins them. Many years from now – long after this current administration has passed into the dustbin of history – Connecticut residents will look back on this bill as one of the most important pieces of legislation advanced in this state in modern history. Today’s vote is one of the more consequential votes I’ve taken in my time here in the legislature, because this bill really goes beyond a few sections dealing with masks and nametags and investigatory powers. It really goes to who we are as a people, and as a democracy, and what we value and the lengths that we are willing to go through to protect what we hold dear. The issue of ICE violations of human and Constitutional rights has become a nationwide flashpoint, and today Connecticut planted its flag in the ground saying, “No more.’”

In May 2025, Deputy White House Chief of Staff Stephen Miller and former Department of Homeland Security Secretary Kristi Noem ordered ICE to arrest up to 3,000 immigrants every day. Since then, rogue federal ICE agents have mounted an unprecedented national fear campaign of attacks on American citizens – including murder, kidnappings, assaults, violations of Constitutional rights, the vilification of all immigrants, and the politicized enforcement of the law.

Senate Bill 397 was first introduced in the Judiciary Committee on March 3, and had its public hearing on March 9, generating nearly 350 pieces of written testimony and 166 speakers during the 12.5-hour public hearing. The bill was widely supported, particularly by religious institutions. 

S.B. 397:

• Creates a private right of action in state court to sue federal, state, and local government actors when a person’s Constitutional rights are violated. This so-called “Converse-1983” provision is a term coined in 1987 that will allow court actions not currently available today against federal agents.
• Allows the state Attorney General to take swift action to seek an injunction or declaratory relief, and damages, when federal, state, or local government agents are violating a person’s constitutional right. With court approval, the state Attorney General could acquire a temporary injunction in five days or less for ongoing violations or a policy that would violate a person’s Constitutional rights.
• Clarifies that the state Inspector General can investigate and prosecute state, local, and some federal agents for the unauthorized use of deadly force. The bill also gives the IG clear and unrestricted access to a crime scene when law enforcement uses deadly force, or when a person dies from the use of force, and allows for a temporary injunction allowing the IG access to investigate and collect evidence. 
• Prohibits all law enforcement officers — federal, state, local — from covering their faces, albeit with some exceptions. The bill also requires them to wear a badge or name tag.
• Prohibits law enforcement — federal, state, or local — from arresting someone for a civil offense in a protected area, unless there is a judicial warrant. This section takes effect October 1, 2026.
• Eliminates a law enforcement officer’s immunity if they violate a person’s right to record law enforcement while committing assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. 
• Prevents law enforcement officers with less than 480 hours of training from becoming police officers in Connecticut (federal ICE officers receive about 376 hours of training).

S.B. 397 also tackles the growth of government use (not just by law enforcement) of automated license plate reader systems (ALPR) to ensure that driver data is being handled in a responsible way and not abused by those with bad intent. The bill allows ALPRs to be used for license plates on a “hot list,” but data cannot be held for more than 21 days without an active criminal investigation. License plate data cannot be used to determine race/ethnicity; any activity protected under the First Amendment; suspected immigration status; reproductive health care or gender affirming care; and it protects facilities that provide the above from having a fixed ALPR near them so that patients cannot be tracked for receiving care.

###