Rep. Long, Sen. Champion, Sen. Fateh introduce bill strengthening justice for constitutional rights violations

SAINT PAUL, Minn. – Today, amid the backdrop of the continued violent operation from President Donald Trump’s Immigration and Customs Enforcement, House DFL Floor Leader Jamie Long (DFL – Minneapolis), Senator Omar Fateh (DFL – Minneapolis), Senator Bobby Joe Champion (DFL – Minneapolis) announced plans to introduce a bill during the 2026 legislative session to give residents a clear pathway to seek justice when federal officials violate their constitutional rights.

“Right here in Minnesota, the federal government has overstepped its bounds in ways none of us thought we’d ever witness. None of this is normal, and much of it is clearly unconstitutional,” Rep. Long said. “The Trump administration continues its reign of terror in neighborhoods, at schools, and in small businesses, putting Minnesotans in fear. They’ve ripped people off the streets – including those with legal status – and, tragically in the case of Renee Nicole Good, killed a person. Minnesotans deserve an opportunity for legal recourse when their constitutional rights are violated, especially when it’s motivated by pure political retribution. The legal cause of action provided in this bill would provide them the first step toward accountability.”  

“People in my district and across Minnesota have told me they are angry, frightened and shocked that our own federal government is ripping people from their homes, from their families, from their places of work, and from their communities in ways that clearly violate their Constitutional rights,” said Senator Champion. “They’ve watched helplessly as ICE agents have not only shot and killed Renee Good, but also blatantly violated the rights of many others without any accountability and later lied about their actions. This bill would give Minnesotans recourse to seek justice when federal agents have violated their rights.”

“Federal agents who should never have set foot in this state have now shot two Minnesotans, killed our neighbor Renee Macklin Good, and violated the civil and human rights of thousands of others,” said Senator Fateh. “The list of people who deserve their day in court against the perpetrators of these abuses is growing by the hour. Creating a right of action gives victims a basic right, to seek remedy in the judicial system and the judgment of their peers. We can and should pass this law among many other necessary actions the state can take to protect Minnesotans and their rights against Donald Trump’s authoritarian police state.”

While the nation’s eyes are currently on Minnesota, there’s reason to believe Minnesota is a targeted testing ground for further overreach from the Trump administration, highlighting the urgency for states to implement accountability measures. The bill gives residents a cause of action in state court to seek monetary damages when their civil rights are violated. Potential examples include speech suppression in violation of the First Amendment, unlawful searches and seizures under the Fourth Amendment, equal protection violations under the Fifth Amendment, excessive use of force, and property destruction.

When a constitutional violation is ongoing, individuals can seek declaratory or injunctive relief to stop it. However, federal law limits remedies through federal courts to address past misconduct, including through the Federal Tort Claims Act and the U.S. Supreme Court’s increasingly narrowed Bivens precedent. These limitations have given federal officers broad – though not absolute – immunity, even for willful violations of constitutional rights. 

The legislation draws from the legal concept known as “Converse 1983” introduced in 1987 by Professor Akhil Amar, a prominent legal scholar. The proposal’s constitutionality stems from a core principle: the U.S. Constitution is the “fundamental and paramount law of the nation” as determined by Marbury v. Madison. Federal authority, including the power to preempt state law under the Supremacy Clause, is only valid when exercised “in Pursuance” of the Constitution.

States including California, Maine, Massachusetts, Illinois, and New Jersey already have laws based on this concept on the books. Bills are pending in Wisconsin and New York, with bills previously introduced in Hawai’i and Tennessee. 

The 2026 legislative session begins on February 17.