SENATOR MARX VOTES TO PASS BILL REINING IN ICE ABUSES IN CONNECTICUT
“The last 15 months have been a horror show with federal agents brutalizing, detaining, even killing innocent people and American citizens. Amid a culture of lawlessness, we have the moral imperative to take action and protect our constituents,” said Sen. Marx. “This bill tells ICE agents they need to follow the same rules other law enforcement officers in Connecticut do. It puts important steps in place to hold federal agents who violate the Constitution accountable. We’re taking a necessary step to tell our state’s residents that we have their backs.”
For more than a year, 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 now heads to the House of Representatives to be debated and passed and then signed into law by Governor Ned Lamont. Most of its provisions take effect immediately.