States test limits of ICE, CBP agent immunity

""For most of American history, there were already paths to suing federal officials," Harrison Stark, of the State Democracy Research Initiative at the University of Wisconsin Law School, tells Axios. A 1971 Supreme Court decision sharply limited individuals' ability to sue federal agents, and since 2022, Congress has been required to authorize such lawsuits. It has not yet done so."

""Instead of vilifying federal law enforcement when attacks on ICE have surged 1,300%, these radical governors should reverse their state's sanctuary policies and protect their constituents from being brazenly raped, murdered, or set on fire by violent criminals in our country illegally." "This Department of Justice is focused on law and order and public safety, and Americans deserve leadership focused on supporting them, not spewing divisive rhetoric that undermines those sworn to keep them safe.""

Most of American history included paths to suing federal officials, but a 1971 Supreme Court decision sharply limited individuals' ability to sue federal agents. Since 2022, Congress must authorize such lawsuits, and Congress has not done so. The lack of congressional action leaves a gap enabling some federal agents to act with little risk of constitutional penalties. The Constitution's supremacy clause generally restricts state actions that conflict with federal law, and law enforcement groups often oppose curbs on federal authority. The Department of Justice defends federal enforcement actions, while some legal scholars argue that states retain a duty and an originalist basis to protect constitutional rights and respond legislatively, as evidenced by measures like Illinois's Bivens Act.

Read at Axios