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Bill

SB 397

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

2025-2026 Regular Session Introduced by Jaha Howard and 10 co-sponsors

SB 397 creates civil lawsuits allowing Georgia citizens to sue immigration enforcement officers for constitutional rights violations, establishing state-level accountability and damages remedies.

Senate Read and Referred
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WeVote Research Nonpartisan
Bill Summary · SB 397

Legislative bill overview

SB 397 would create a civil tort remedy allowing Georgia citizens to sue civil immigration enforcement officers for damages when those officers violate their constitutional rights during immigration enforcement activities. The bill establishes a legal pathway for individuals to pursue compensation in state courts for alleged unconstitutional conduct by these officers.

Why is this important

This legislation directly impacts the balance of power between immigration enforcement and individual constitutional protections at the state level. It could significantly alter how civil immigration enforcement operates in Georgia by creating financial liability and accountability mechanisms for officers, potentially affecting enforcement practices, officer training, and state/local law enforcement cooperation with federal immigration authorities.

Potential points of contention

  • Scope and liability exposure: Questions about which officers qualify as "civil immigration enforcement officers," how broadly "deprivation of constitutional rights" is defined, and whether this creates excessive liability that could deter enforcement activities or require significant new funding for legal defense and settlements
  • Federalism concerns: Debate over whether Georgia should create state-level remedies for actions potentially authorized or directed by federal immigration law, and whether this conflicts with federal immigration enforcement priorities
  • Practical enforcement challenges: Difficulty in proving constitutional violations occurred, determining appropriate damage amounts, and whether this creates a litigation burden on state resources and officers without clear standards for what constitutes actionable misconduct

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

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