""States have the inherent power to regulate federal officials, so long as they do so neutrally," said Alexander Reinert, a legal scholar. "And creating a right for people to sue when they are injured by officers who violate the federal constitution is well within New York state's authority. Nothing requires New York State to also codify the dangerous and illegitimate doctrine of qualified immunity.""
""While we vehemently support efforts to hold federal immigration agents and their collaborators accountable, the current proposal undermines its own stated purpose," they wrote. "By incorporating qualified immunity into New York State law for the first time, this proposal gives New Yorkers a day in court - and makes it all too likely they will lose.""
Gov. Kathy Hochul's budget proposal would permit New Yorkers to sue federal officials, including immigration enforcement like ICE, in state court while codifying qualified immunity as a defense. Qualified immunity, originating from Supreme Court decisions rather than the Constitution or federal statute, shields government officials from personal liability when performing duties. Advocates and about 70 organizations warn that embedding qualified immunity in state law could block or delay the very lawsuits the proposal intends to enable. Legal scholars note states can regulate federal officials neutrally and can create rights to sue without adopting qualified immunity. A coalition led by End QI NY, including groups like the Innocence Project and the NAACP Legal Defense Fund, urged removal of qualified immunity or passage of a bill to end it.
#qualified-immunity #state-court-jurisdiction #federal-immigration-enforcement #civil-rights-litigation
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