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SB26-005 • 2026

Rights Violation in Immigration Enforcement Remedy

The act creates a statutory cause of action for a person who has their federal constitutional rights violated by another person who, acting under color of law, is participating in civil immigration en

Budget
Vetoed

The latest official action shows the governor vetoed this bill. Check the bill history to see whether lawmakers later overrode that veto.

Sponsor
Sen. J. Gonzales, Sen. M. Weissman, Rep. J. Mabrey, Rep. Y. Zokaie, Sen. J. Coleman, Sen. N. Hinrichsen, Sen. I. Jodeh, Sen. C. Kipp, Sen. J. Marchman, Sen. R. Rodriguez, Sen. K. Wallace, Sen. J. Amabile, Sen. M. Ball, Sen. J. Bridges, Sen. L. Cutter, Sen. J. Danielson, Sen. T. Exum, Sen. C. Kolker, Sen. W. Lindstedt, Sen. M. Snyder, Sen. T. Sullivan, Rep. J. Bacon, Rep. A. Boesenecker, Rep. K. Brown, Rep. M. Duran, Rep. R. English, Rep. M. Froelich, Rep. L. García, Rep. L. Gilchrist, Rep. J. Jackson, Rep. J. Joseph, Rep. M. Lindsay, Rep. K. McCormick, Rep. K. Nguyen, Rep. A. Paschal, Rep. M. Rutinel, Rep. G. Rydin, Rep. E. Sirota, Rep. L. Smith, Rep. T. Story, Rep. B. Titone, Rep. E. Velasco, Rep. J. Willford, Rep. S. Woodrow
Last action
2026-06-03
Official status
Governor Vetoed
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Rights Violation in Immigration Enforcement Remedy

The act creates a statutory cause of action for a person who has their federal constitutional rights violated by another person who, acting under color of law, is participating in civil immigration enforcement.

What This Bill Does

  • The act creates a statutory cause of action for a person who has their federal constitutional rights violated by another person who, acting under color of law, is participating in civil immigration enforcement.
  • A person who violates the United States constitution while participating in civil immigration enforcement and whose conduct was the proximate cause of violating another person's constitutional rights is liable to the person whose rights are violated for legal or equitable relief or any other appropriate relief.
  • The action must be commenced within 2 years after the cause of action accrues.
  • The act appropriates $125,604 to the department of law from the legal services cash fund to provide legal services for the department of personnel.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

H.001

Committee of the Whole

Lost

Plain English: AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB005_H.001 DATE 5/6/2026 Representative DeGraaf moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following DeGraaf amendment, (L.011) to SB26-005, to show that said amendment passed and that SB26-005, as amended, passed.

  • AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE SB005_H.001 DATE 5/6/2026 Representative DeGraaf moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following DeGraaf amendment, (L.011) to SB26-005, to show that said amendment passed and that SB26-005, as amended, passed.
  • Amend reengrossed bill, page 5, after line 9, insert: "(c) A COURT SHALL NOT AWARD TO A PREVAILING PLAINTIFF DAMAGES BASED ON SPECULATIVE CONSEQUENTIAL HARM.".
  • Page 5, after line 27, insert: "(6) IF THE PLAINTIFF IN THE ACTION BROUGHT PURSUANT TO THIS SECTION IS CHARGED WITH A CRIMINAL OFFENSE ARISING FROM THE SAME INCIDENT THAT GAVE RISE TO THE ACTION BROUGHT PURSUANT TO THIS SECTION, THE COURT SHALL STAY THE ACTION BROUGHT PURSUANT TO THIS SECTION UNTIL THE COMPLETION OF THE CRIMINAL PROCEEDING.".
  • ** *** ** *** **
J.001

SEN Appropriations

Passed [*]

Plain English: SB005_J.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.

  • SB005_J.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.
  • SB26-005 be amended as follows: 1 Amend printed bill, page 6, after line 3 insert: 2 "SECTION 4.
  • Appropriation.
  • (1) For the 2026-27 state fiscal 3 year, $125,604 is appropriated to the department of law.
L.001

SEN Judiciary

Passed [*]

Plain English: SB005_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.

  • SB005_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Judiciary.
  • SB26-005 be amended as follows: 1 Amend printed bill, page 2, after line 7, insert: 2 "(b) In later 19th century cases as well, the United States supreme 3 court held that federal officials could be liable for damages even for 4 reasons relating to but beyond the lawful scope of federal duties, Mitchell 5 v.
  • Harmony, 54 U.S.
  • 115 (1851), and in particular that state courts 6 possessed jurisdiction to consider such damages claims, Teal v.
L.004

Second Reading

Lost [**]

Plain English: SB005_L.004 Amendment No.

  • SB005_L.004 Amendment No.
  • ___________ SB26-005 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Pelton B.
  • 1 Amend the Judiciary Committee Report, dated February 2, 2026, page 1, 2 line 12, strike "VIOLATED" and substitute "KNOWINGLY OR 3 INTENTIONALLY VIOLATED".
  • 4 Page 1, line 16, strike "VIOLATED" and substitute "KNOWINGLY OR 5 INTENTIONALLY VIOLATED".
L.005

Second Reading

Lost [**]

Plain English: SB005_L.005 Amendment No.

  • SB005_L.005 Amendment No.
  • ___________ SB26-005 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Pelton B.
  • 1 Amend the Judiciary Committee Report, dated February 2, 2026, page 1, 2 line 19, strike "RELIEF." and substitute "RELIEF; EXCEPT THAT THE PERSON 3 IS NOT LIABLE TO THE PERSON WHO HAD THEIR RIGHTS VIOLATED IF THE 4 PERSON WHO HAD THEIR RIGHTS VIOLATED PROVOKED THE CONDUCT THAT 5 CAUSED THE VIOLATION.".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.006

Second Reading

Lost [**]

Plain English: SB005_L.006 Amendment No.

  • SB005_L.006 Amendment No.
  • ___________ SB26-005 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Pelton B.
  • 1 Amend printed bill, page 4, line 10, strike "definition." and substitute 2 "definitions.".
  • 3 Amend the Judiciary Committee Report, dated February 2, 2026, page 1, 4 line 12, strike "ANOTHER PERSON" and substitute "A SWORN FEDERAL LAW 5 ENFORCEMENT OFFICER".
L.007

Second Reading

Lost [**]

Plain English: SB005_L.007 Amendment No.

  • SB005_L.007 Amendment No.
  • ___________ SB26-005 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Pelton B.
  • 1 Amend printed bill, page 5, after line 18, insert: 2 "(6) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE 3 CONTRARY, A PERSON DOES NOT HAVE STANDING TO BRING A CIVIL ACTION 4 PURSUANT TO THIS SECTION FOR INJURY AS A RESULT OF CONDUCT THAT 5 OCCURRED DURING A STATEWIDE DISASTER EMERGENCY DECLARED BY 6 THE GOVERNOR IN ACCORDANCE WITH SECTION 24-33.5-704 OR AN 7 EMERGENCY OR A MAJOR DISASTER IN THIS STATE DECLARED BY THE 8 PRESIDENT OF THE UNITED STATES.".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.008

Second Reading

Passed [**]

Plain English: SB005_L.008 Amendment No.

  • SB005_L.008 Amendment No.
  • ___________ SB26-005 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Weissman 1 Amend the Judiciary Committee Report, dated February 2, 2026, page 1, 2 line 13, strike "STATE" and substitute "STATE,".
  • 3 Page 1, line 15, strike "THE OTHER PERSON." and substitute "ANOTHER 4 PERSON WHOSE CONDUCT WAS THE PROXIMATE CAUSE OF THE 5 VIOLATION.".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.010

Second Reading

Lost [**]

Plain English: SB005_L.010 Amendment No.

  • SB005_L.010 Amendment No.
  • ___________ SB26-005 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Zamora Wilson 1 Amend printed bill, page 5, after line 18, insert: 2 "(6) THE DEPARTMENT OF PERSONNEL CREATED IN SECTION 3 24-1-128 SHALL INCLUDE THE AMOUNT OF MONEY SPENT FROM THE RISK 4 MANAGEMENT FUND FOR THE PURPOSES OF SENATE BILL 26-005, ENACTED 5 IN 2026, INCLUDING THE AMOUNT SPENT TO DEFEND ACTIONS BROUGHT 6 PURSUANT TO THIS SECTION: 7 (a) BEGINNING IN JANUARY 2027, AND IN JANUARY EVERY YEAR 8 THEREAFTER, AS PART OF ITS PRESENTATION DURING ITS"SMART ACT" 9 HEARING REQUIRED BY SECTION 2-7-203; AND 10 (b) BEGINNING IN NOVEMBER 2026, AND IN NOVEMBER EVERY 11 YEAR THEREAFTER, IN ITS BUDGET REQUEST FOR THE UPCOMING STATE 12 FISCAL YEAR SUBMITTED TO THE JOINT BUDGET COMMITTEE PURSUANT TO 13 SECTION 2-3-208.".
  • ** *** ** *** ** LLS: Conrad Imel x2313
L.011

Second Reading

Lost [**]

Plain English: SB005_L.011 Amendment No.

  • SB005_L.011 Amendment No.
  • ___________ SB26-005 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE DeGraaf 1 Amend reengrossed bill, page 5, after line 9, insert: 2 "(c) A COURT SHALL NOT AWARD TO A PREVAILING PLAINTIFF 3 DAMAGES BASED ON SPECULATIVE CONSEQUENTIAL HARM.".
  • 4 Page 5, after line 27, insert: 5 "(6) IF THE PLAINTIFF IN THE ACTION BROUGHT PURSUANT TO THIS 6 SECTION IS CHARGED WITH A CRIMINAL OFFENSE ARISING FROM THE SAME 7 INCIDENT THAT GAVE RISE TO THE ACTION BROUGHT PURSUANT TO THIS 8 SECTION, THE COURT SHALL STAY THE ACTION BROUGHT PURSUANT TO 9 THIS SECTION UNTIL THE COMPLETION OF THE CRIMINAL PROCEEDING.".
  • ** *** ** *** ** LLS: Conrad Imel x2313

Bill History

  1. 2026-06-03 Governor

    Governor Vetoed

  2. 2026-05-22 Governor

    Sent to the Governor

  3. 2026-05-22 House

    Signed by the Speaker of the House

  4. 2026-05-22 Senate

    Signed by the President of the Senate

  5. 2026-05-07 House

    House Third Reading Passed - No Amendments

  6. 2026-05-06 House

    House Second Reading Special Order - Passed - No Amendments

  7. 2026-05-04 House

    House Committee on Appropriations Refer Unamended to House Committee of the Whole

  8. 2026-04-22 House

    House Committee on Judiciary Refer Unamended to Appropriations

  9. 2026-04-14 House

    Introduced In House - Assigned to Judiciary

  10. 2026-02-24 Senate

    Senate Third Reading Passed - No Amendments

  11. 2026-02-23 Senate

    Senate Second Reading Passed with Amendments - Committee, Floor

  12. 2026-02-20 Senate

    Senate Second Reading Laid Over to 02/23/2026 - No Amendments

  13. 2026-02-18 Senate

    Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  14. 2026-02-02 Senate

    Senate Committee on Judiciary Refer Amended to Appropriations

  15. 2026-01-14 Senate

    Introduced In Senate - Assigned to Judiciary

Official Summary Text

The act creates a statutory cause of action for a person who has their federal constitutional rights violated by another person who, acting under color of law, is participating in civil immigration enforcement. A person who violates the United States constitution while participating in civil immigration enforcement and whose conduct was the proximate cause of violating another person's constitutional rights is liable to the person whose rights are violated for legal or equitable relief or any other appropriate relief. The action must be commenced within 2 years after the cause of action accrues.
The act appropriates $125,604 to the department of law from the legal services cash fund to provide legal services for the department of personnel.
(Note: This summary applies to this bill as enacted.)