On January 27, California made steps to hold Immigration Customs Enforcement (ICE) accountable if they break the law. The No Kings Act, or SB 747, was passed by the California Senate with a vote of 30-10. The bill will hold ICE, border patrol, and other federal officers accountable, according to a press release from Senator Scott Wiener. Next, the bill will go to the Assembly.
“By passing the No Kings Act, we’re putting a stop to the impunity that’s enabling ICE and Border Patrol’s sickening terror rampage through American cities,” said Wiener in the release. “We must close the loophole that makes it almost impossible for the families of Renee Good and Alex Pretti — who were executed in broad daylight — to seek justice for their family members.”
Since July, the release stated that ICE has illegally detained people without bond or due process in over 2,300 cases. They call attention to several instances with federal agents across the country recently, including the deaths of Renee Good and Alex Pretti. A U.S citizen and combat veteran was tear-gassed, dragged out of his car, and held for 72 hours. Another account mentioned two people being shot and blinded in Santa Ana when protesting.
According to the press release, the Supreme Court has been granting federal officers “de facto immunity” for violating constitutional rights. With SB 747, any person can now sue any federal, state, or local officer for monetary damages.
According to the release Under the No Kings Act, individuals can seek remedies for:
- First Amendment Violations: Retaliating against a person for their protected speech, interfering with the free exercise of religion or the freedom of the press, or using excessive force to break up a peaceful protest
- Fourth Amendment Violations: Conducting an unlawful search of a person’s home or an unreasonable seizure at a checkpoint without a warrant or probable cause, or using excessive force during arrest
- Fifth Amendment/Equal Protection Violations: Unlawfully targeting individuals for enforcement actions or tax audits on the basis of race, national origin, or political identity
“For constitutional rights to have meaning, there must be accountability when those rights are violated,” said Cameron Kistler, Counsel, Protect Democracy United. “SB 747 helps provide that accountability by ensuring that Californians can have their day in court when any governmental officer—federal, state, or local—violates their clearly established constitutional rights.”
Bakersfield community member Geniece Trevino, in response to the No Kings Act, said she is happy to see action being taken.
“I think in these times of uncertainty, accountability is not only necessary but is now being demanded by the people. Glad to see some movement,” said Trevino.
Vicky Garrido with the Rapid Response Network stated that she knows firsthand the harm of bring falsey detained by law enforcement, and the No Kings Act shows is a first step to restoring trust in the community.
“The No Kings Act is a necessary step toward real accountability and justice in California. As someone who was falsely detained by law enforcement while simply doing my job, I know firsthand the harm caused when officers abuse their power without consequence,” said Garrido. “Holding those officers accountable was essential, and this bill ensures that ICE agents are no exception. No one should be above the law. The No Kings Act affirms our shared commitment to dignity, safety, and justice—especially for undocumented communities who have lived too long in fear. This is how we begin to restore trust and uphold the values California claims to stand for.”
Along with the No Kings Act being passed by the California Senate, Attorney General Rob Bonta and Governor Gavin Newsom released guidance reminding state and local law enforcement to investigate state laws broken by federal agents.
The press release from Bonta’s office stated that although federal and state agencies have investigated each other before without obstructing the other investigation, the federal government’s response to the killing of Good and Pretti shows that the administration will not investigate the incidents nor encourage other agencies to do so.
“California stands ready to take all necessary steps to investigate potentially unlawful conduct by federal agents that occurs on our soil, and where the facts warrant, file charges for violations of the California Penal Code,” said Bonta in the release. “Let there be no question: State and local law enforcement in California have authority to investigate potential violations of state law, even when those violations are committed by federal agents. Federal courts have long recognized that federal agents do not have absolute immunity from state law prosecution. Any assertions to the contrary are untrue — and deeply damaging to public trust and the integrity of our justice system.”
Newsom also stated the importance of the agencies holding each other accountable.
“Trump Administration officials have repeatedly lied to the American people. Given what has happened in Minnesota, we cannot outsource our fundamental duty to protect Californians by simply accepting federal narratives,” said Governor Gavin Newsom. “Especially when a fatal shooting occurs, no one should be allowed to rush in, seize evidence, and control the narrative before state and local law enforcement have lawful access. Concerns that the federal government was doing exactly that in obstructing Minnesota state and local law enforcement investigations into the tragic killing of a 37-year old VA nurse prompted a Trump-appointed judge to order the Trump Administration not to destroy evidence relevant to the investigation. Our local and state law enforcement are the front line for ensuring due process and public trust. Every state and local agency must remember its role, exercise its full authority, and always ensure the protection of the people of this state. Transparency isn’t a talking point; it’s a legal and moral requirement.”
