TODAY: SENATE DEMOCRATS WILL PASS BILL REINING IN ICE ABUSES IN CONNECTICUT
Sue ICE agents in state court, ban masks, give AG and IG broad new powers; Bill also addresses responsible use of license plate readers
HARTFORD – Democratic state senators today will debate and pass 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.
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.
Briefly, S.B. 397 creates a much-needed cause of action to sue federal officials that violate our constitutional rights; bans masks for federal, state, and local law enforcement, with some exceptions; gives Connecticut residents the best chance to convict federal officers who commit crimes by clarifying, expanding, and strengthening the authority of our state Inspector General; empowers Connecticut (through the Attorney General and the IG) to seek emergency injunctions against federal law enforcement that violate a person’s rights or obstruct an investigation; prohibits ICE arrests for civil offenses in sensitive areas like schools, hospitals and places of worship; and ensures that lightly-trained ICE agents do not become police officers in Connecticut.
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.
S.B. 397 will be debated, voted on, and passed today in the state Senate. All but one of its sections become effective upon its signature into law.
“There was not a single Republican vote in the Judiciary Committee in favor of the ICE bill, which is absolutely critical to the health of our state and our democracy. In my opinion this is the most consequential bill that the General Assembly has addressed so far this session,” said Senate President Martin Looney (D-New Haven). “Despite our decades-long reputation as a moderate and somewhat politically bipartisan state, I think the Republican Senate Caucus will be hard-pressed today to vote against this bill and still be able to claim that they are not completely aligned with Donald Trump’s MAGA movement.”
“After the murder of Renee Good in Minneapolis in early January, Senate Democrats vowed that we’d work on legislation to prevent these types of ICE abuses in Connecticut. Today we’re keeping that promise,” said Senate Majority Leader Bob Duff (D-Norwalk). “We’ve researched these legal issues for months; they’re as airtight as you can get. Once again, state government is proving to be the solution to the problem that is the federal abuse of individual rights. Now it’s gut-check time for the Senate Republican MAGA Caucus. Where do they stand? With Donald Trump and his modern-day brownshirts? Or with the people of Connecticut? Let’s see how they vote.”
“This bill is bigger than just the letters on the page,” said Senator Gary Winfield (D-New Haven), the Senate Chair of the Judiciary Committee who helped write the bill. “The conversation we’re having today is not really about the bill. It’s really about us. We’ve acted over the course of the current Trump administration as if it’s okay to violate people’s rights, as if it’s okay to use the concept of law to obviate justice. This bill is about, who are we as a people? Who are we as a democracy? That’s what this bill is about.”
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).
After passing in the Senate, S.B. 397 will be debated and passed in the House of Representatives and signed into law by Governor Ned Lamont. Most all of its provisions take effect immediately.
FOR IMMEDIATE RELEASE
Contact: Kevin Coughlin | kevin.coughlin@cga.ct.gov | 203-710-0193
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