Summary

• Massachusetts Senate Democrats introduce bill allowing residents to sue federal officers for constitutional violations
• Sponsors claim ICE "brutalized people" in Minneapolis — but bill applies to ALL federal agents, not just immigration enforcement
• The bill preserves qualified immunity protections for officers
• Part of the Senate's "Response 2025" initiative aimed at countering Trump administration policies

BOSTON — Massachusetts lawmakers want to give residents a new weapon against federal agents: the courtroom.

State Sen. William Brownsberger (D-Belmont) and four colleagues have unveiled legislation that would allow anyone to sue federal officers for constitutional violations — a bill framed as a response to ICE enforcement but written to apply far more broadly.

"Over the past few weeks, federal agents have brutalized people on the streets of Minneapolis," Brownsberger wrote in a blog post. "No police necessity can explain their excessive use of force, which has shocked and disgusted fair-minded people across the political spectrum."

What the Bill Does

The proposed legislation would create a state cause of action for lawsuits against federal officers accused of constitutional violations like excessive force.

Under existing federal law — dating back to Reconstruction — residents can already sue state and local officers for civil rights violations under Section 1983. This bill would extend that right to cover federal agents operating in Massachusetts.

Key provisions:

• Applies to all federal officers, not just immigration enforcement
• Preserves qualified immunity protections for officers acting in good faith
• Cases could be filed in state or federal court
• Does not create liability for violations of the state constitution

The bill is backed by Sens. Cindy Friedman, Joanne Comerford, Cynthia Stone Creem, and Pavel Payano as part of the Senate Committee on Steering and Policy's review of immigrant protections.

Part of a Broader Push

"I happen to believe that it should be possible to hold federal officials accountable when they violate a person's constitutional rights," Sen. Comerford said in a statement.

The legislation joins a growing stack of state efforts to restrict federal immigration enforcement — what Senate Democrats have branded Response 2025.

Gov. Maura Healey proposed legislation last month that would prevent ICE officers from operating in schools, places of worship, and hospitals, and signed an executive order aimed at further limiting ICE agents. Members of the Massachusetts Legislative Black and Latino Caucus are also promoting legislation that would bar state and local police from cooperating with federal immigration enforcement.

The Reality

Whether the bill has any chance of surviving legal scrutiny is another question. Federal officers operating under federal authority have long been shielded from state-level lawsuits through the Supremacy Clause. Even with qualified immunity preserved, the legislation could face immediate challenges in court.

For now, it's another signal that Beacon Hill Democrats are more interested in fighting Washington than addressing the issues that brought ICE to Massachusetts in the first place.