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Protesters hold signs at an anti-ICE protest along El Camino Real in Mountain View on Jan. 24. Photo by Seeger Gray.

On Tuesday, legislation introduced by Bay Area lawmakers that would hold federal officers liable for unconstitutional behavior moved forward in the state Legislature.

If it becomes law, Senate Bill 747, also called the No Kings Act, would allow Californians to sue U.S. Immigration and Customs Enforcement, Customs and Border Protection, and other federal agency officials for unlawful behavior.

Under existing federal law, individuals can sue local and state officers, but not federal officers. The No Kings Act is a first-of-its-kind legislation, though other states like New York are considering similar bills, that seeks to hold federal officers to the same standard as local and state officers by making them liable for legal action, according to the office of state Sen. Scott Wiener, D-San Francisco.

The state Senate on Tuesday voted 30-10 in favor of the bill, which will head to the state Assembly next.

Wiener jointly authored the bill with State Sen. Aisha Wahab, D-Hayward, and the two lawmakers held a press conference Tuesday before the vote.

Wiener referred to immigration agents killing Renee Good and Alex Pretti in separate shootings in Minneapolis this month as part of the administration’s “fascist crackdown on American communities.”

“This bill is based on a very basic concept that no one is above the law,” he said. “If you violate the U.S. Constitution and harm someone, you should be accountable.”

Wahab reiterated Wiener’s call to hold federal officers to the same standard as other law enforcement officers by pointing to a case from last week where ICE officers detained a 5-year-old child as a means to arrest his parent.

Meanwhile, Wahab said, state and local police officers are not even allowed to speak to a minor without a parent present.

“We have also seen billions of dollars go to the increased funding of this agency [ICE] with very little training, very little regard for process, for the rights of others,” said Wahab. “Without the lawsuits [that could be filed as a result of the legislation] … this organization will go and continue to violate the rights of many people.”

Apart from Wiener and Wahab, other Bay Area lawmakers have also authored legislation to curb ICE activity and inform Californians about immigration enforcement.

On Monday, state Assemblymember Anamarie Avila Farias, D-Martinez, introduced Assembly Bill 1627, which would disqualify ICE employees from becoming peace officers or teachers in California.

State Sen. Jesse Arreguin, D-Berkeley, previously authored Senate Bill 81, which prohibited hospitals and health care providers from granting ICE access to patients’ data without a warrant. The bill passed both houses and was signed into law by Gov. Gavin Newsom in September.

Assemblymember Damon Connolly, D-San Rafael, authored Assembly Bill 419, which requires local educational agencies to post information related to immigration enforcement in multiple languages at administrative buildings and on websites managed by the agencies. Newsom signed the bill into law in October.

This story was written by Tanay Gokhale for Bay City News Service.

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