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HB 1044

Torts; deprivation of constitutional rights of state citizens by civil immigration enforcement officers; provide remedies

2025-2026 Regular Session Introduced by Eric Bell and 5 co-sponsors

Georgia bill creates civil lawsuits against immigration officers for constitutional rights violations, enabling residents to seek damages for alleged unlawful enforcement.

House Second Readers
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Bill Summary · HB 1044

Legislative bill overview

HB 1044 would create a civil cause of action allowing Georgia citizens to sue immigration enforcement officers for violating their constitutional rights during immigration enforcement activities. The bill establishes remedies and liability standards for state citizens who claim their constitutional protections were violated by these officers.

Why is this important

This legislation directly addresses the tension between immigration enforcement and constitutional protections, particularly concerning Fourth Amendment search and seizure rights and due process. It would provide a legal avenue for Georgia residents to seek damages if they believe enforcement officers exceeded their authority or violated their rights, potentially affecting how immigration enforcement is conducted in the state.

Potential points of contention

  • Scope of liability: Defining which officers are covered (state vs. federal vs. contracted agents) and what specific constitutional violations qualify could be contentious
  • Enforcement-immigration balance: Law enforcement and immigration advocates may argue the bill creates barriers to effective enforcement or exposes officers to excessive litigation risk
  • Damages and costs: Questions about what compensation levels are appropriate and whether agencies or individual officers bear financial responsibility could face significant debate
  • Jurisdictional boundaries: Clarifying how state law applies to federal immigration activities and related legal authority issues

Compiled from official sources — confirm details with the bill’s official record.

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