Hold Federal Agents Accountable for Constitutional Violations in Massachusetts

The U.S. Constitution guarantees our most cherished rights—to speak freely, practice our faith, and enjoy due process. However, these guarantees mean little without a mechanism to enforce them against government overreach. While Bay Staters can currently sue state and local police for constitutional violations under state law, they often have no legal recourse when their rights are violated by federal agents, such as ICE or the FBI. It’s shocking but true: the courtroom doors may be closed even if a federal agent commits an egregious act, such as the outrageous murders of Renee Good and Alex Pretti in Minnesota.

This problem has a clear solution: a group of Massachusetts lawmakers, led by Senate President Pro Tempore William Brownsberger (D-Suffolk/Middlesex), has drafted legislation to provide the tools necessary to hold federal actors accountable. This legislation allows Massachusetts residents to sue any official—local, state, or federal—who violates the Constitution while performing duties such as civil immigration enforcement. The bill maintains the status quo for state and local employees, but closes the dangerous accountability gap for federal officials. Massachusetts joins a growing movement of states, including California, Connecticut, New York, and Vermont, that have introduced or passed similar legislation to ensure a federal badge does not grant immunity for lawbreaking behavior.

The Massachusetts state legislature is currently finalizing the text of the PROTECT Act, a comprehensive civil rights and immigration bill. However, they are debating whether or not to keep a provision that allows residents to sue federal officials for constitutional violations. The Senate included this in its version; the House did not. Call your state senator to support the inclusion of this provision.