California Senate advances bill allowing residents to sue federal law enforcement

The California Senate on Tuesday approved legislation that would make it easier for residents to sue federal law enforcement officers for alleged misconduct. Senate Bill 747, authored by Sen. Scott Wiener (D–San Francisco), would create a state-level pathway for lawsuits against federal agents accused of excessive force, unlawful home searches, interference with the right to protest, and other civil rights violations. Wiener, who is running for House Speaker Nancy Pelosi’s congressional seat, said the bill is intended to close what he described as a major accountability gap in existing law.

The proposal passed 30–10 in a vote that fell along party lines. It had cleared a Senate committee earlier this year and now heads to the state Assembly.

According to the Los Angeles Times, residents already have established legal routes to sue state and local law enforcement officials. Bringing similar claims against federal officers, however, is significantly more difficult under current rules. Wiener argued SB 747 would help ensure that federal officials can be held accountable in the same way local and state officers can. “Under current law, if a local or state officer shoots your mom ... or publicly executes an ICU nurse, you can sue,” Wiener told reporters ahead of Tuesday’s vote. “That’s long-standing civil rights law, but in the current law, it’s almost impossible to file that same lawsuit against the federal agent who does the exact same thing.”

Other states, including New York and Connecticut, have considered comparable measures following public anger over enforcement actions tied to the Trump administration’s immigration crackdown.

During floor debate, Sen. Tony Strickland (R–Huntington Beach) called the bill political and urged lawmakers to focus on “California-specific issues like gas, gas prices.” Sen. Susan Rubio (D–West Covina) said the measure is not about immigration politics but about basic constitutional protections. “This is about equal justice under the law,” Rubio said, describing herself as a onetime undocumented immigrant. She called the bill a response to “the egregious violation of people’s rights and the murders that we are witnessing.”

Law enforcement groups and some state agencies oppose SB 747, arguing it could increase litigation not only against federal agents but also against local and state officers by creating overlapping avenues to sue. Among the bill’s opponents is the Peace Officers Research Association of California (PORAC), which represents more than 85,000 public safety members. “PORAC supports closing genuine gaps in constitutional accountability,” said PORAC President Brian R. Marvel. “But we must do so in a way that treats all public employees fairly, avoids redundant and burdensome litigation, and fully complies with federal law. The proposed amendments achieve that balance.”

With Senate approval secured, SB 747 moves to the Assembly for further consideration. Wiener told reporters he was unsure whether Gov. Gavin Newsom supports the proposal or would sign it if it reaches his desk.