OLYMPIA, WA – As Washington state officials ramp up opposition to federal immigration enforcement efforts, one state lawmaker has proposed a bill that would limit legal immunities for federal immigration officers.
The legislation would allow people to file civil claims against those officers on the basis that they violated the U.S. Constitution. Such situations could potentially apply in situations where federal immigration officers are arresting individuals during civil immigration enforcement activities who have criminal records.
House Bill 2597 sponsored by Rep. My-Linh Thai (D-Bellevue) would create liability for actions taken by a government agent while participating in civil immigration enforcement for legal relief, equitable relief and any “other appropriate relief.” The claim must be filed within three years of the incident.
The bill would also deny the government agent the grant of any immunity. If enacted by the state Legislature, the bill would take effect immediately due to an emergency clause provision.
Testifying at the bill’s public hearing Wednesday, My-Linh Thai told the House Civil Rights & Judiciary that “the piece of legislation in front of you, from my perspective, is simple. If you do not violate people’s constitutional right, you have nothing to worry about.”
In response to a query by Rep. Jim Walsh, R-Aberdeen, she added that the bill would not supersede federal law or federal constitutional protections.
Rep. Cyndy Jacobsen, R-Puyallup, questioned how the bill’s provisions would be interpreted.
“Could there be different interpretations of that?” she asked. “If a court was going to be determining what sorts of immunities were applicable…that may be something that a court could evaluate. Federal agents actions that are deemed to be necessary and proper as part of their role in administering federal law has an immunity provision. State law cannot displace that.”
My-Lihn Thai replied “that’s why this bill is necessary All of this need to happen in court.”
Rep. Hunter Abell, R-Inchelium, inquired about why the bill only applies to federal immigration enforcement.
The bill drew support from a variety of immigrant activist groups, including the Northwest Immigrant Rights Project, Latino Community Fund and CAIR-WA.
Tacoma Mayor Andrew Ibsen was among those to also speak in favor of the bill. “As mayor, I regularly hear from constituents who want to know that their government will treat people fairly and lawfully, especially in moments when individuals are most vulnerable,” he said. “Those conversations reinforce the importance of trust in government.”
However, Jeff DeVere, with the Washington Council of Police & Sheriffs, asked committee members to clarify the definition of certain terms in the bill, including “participation” and “government agent.”
“Our officers really need to understand the law and your expectations, and they need to know that when they follow these rules and laws, that they’re supported,” he said. “The line between federal and state enforcement authorities in this area needs to be very, very clear to help our officers do what you expect, what the public expects.”
He also warned that “there will be potential situations where a federal officer may be being attacked and their safety is in jeopardy and if we (local law enforcement) intervene on that to try to save a life, there are questions that are going around in officers heads.”
No further action is scheduled for HB 2597.
