Senate Bill 26-001

This act creates a state civil cause of action for people whose federal constitutional rights are violated during civil immigration enforcement within San Andreas. The remedy applies regardless of the injured person's citizenship or immigration status and covers conduct occurring during investigations, questioning, arrests, detention, transportation, and joint federal-state immigration operations. A person may bring an action when someone acting under federal or state authority knowingly or recklessly violates clearly established constitutional rights and may seek compensatory damages, appropriate punitive or nominal damages, injunctive relief, declaratory relief, and other equitable remedies.

This act allows lawsuits to be filed in the county where the alleged violation occurred or where the plaintiff resides and does not require plaintiffs to exhaust administrative remedies before filing suit. A prevailing plaintiff is generally entitled to reasonable attorney fees and costs, including appellate fees, while a prevailing defendant may recover fees only for claims determined to be frivolous or brought in bad faith. The act also limits the availability of immunity defenses, to the maximum extent permitted by the U.S. Constitution and binding Supreme Court precedent, when conduct exceeds lawful authority or violates clearly established protections such as those against unreasonable searches and seizures or violations of due process.

This act establishes a two-year statute of limitations, beginning when the plaintiff knew or reasonably should have known of the violation and resulting injury, with equitable tolling available where justice requires. Defendants may assert a good-faith affirmative defense based on objectively reasonable reliance on a valid judicial warrant, binding federal law or regulation, lawful supervisory instructions, formally adopted federal agency guidance, or a qualifying federal administrative warrant. Actions generally proceed against defendants individually, and federal employment alone does not shield a person from personal liability. However, the act does not create liability merely for lawful cooperation with federal authorities that does not involve direct participation in civil immigration enforcement.

This act expressly states that it provides remedies for unlawful conduct occurring within San Andreas rather than regulating federal immigration policy itself, and its provisions are to be construed liberally while remaining consistent with federal constitutional requirements. It also contains a severability provision so that invalidation of one remedy, defense, or provision does not necessarily invalidate the remainder of the law. The act contains a safety clause and was approved and took effect on April 9, 2026, applying only to causes of action arising on or after that date.