Bill to allow legal remedies for civil rights violations by feds fails to advance

There are no well-defined legal pathways for a person whose civil rights are violated by federal agents to get legal relief.

House DFL Floor Leader Jamie Long (DFL-Mpls) sponsors a bill that would change state law to allow for such legal remedies.

“Minnesotans deserve an opportunity for legal recourse when their constitutional rights are violated, especially when it’s motivated by pure political retribution,” he said in a statement before the bill was heard by the House Judiciary Finance and Civil Law Committee Tuesday. “The legal cause of action provided in this bill would provide them the first step toward accountability.”

Long said the impetus for HF3477 was the many civil rights violations by U.S. Immigration and Customs Enforcement agents and other federal authorities during Operation Metro Surge, the federal crackdown on immigrants in the state.

Specifically, the bill would permit a person with a cause of legal action against either a state or federal authority who deprives them of their federal or state civil rights. No criminal penalties are prescribed.

But such remedies will not be forthcoming because the bill failed to gain committee approval via a party-line vote.

Committee Co-Chair Rep. Peggy Scott (R-Andover) expressed concern that there would be constitutional challenges if the bill becomes law because it would conflict with the supremacy clause in the U.S. Constitution, which states that federal laws supersede state laws.

“It’s going to get tied up, there are going to be lawsuits,” she said, before adding there’s a real danger state taxpayers would have to foot the legal bills.

Long said that any such concerns were taken care of when the committee adopted an amendment to delete a portion of the bill that would have required state and local law enforcement agencies to have certain agreements with federal agencies prior to collaborating or partnering with those agencies.