Senate Committee of Reference Report
Committee on Judiciary
- Strikethrough:
- removed from existing law
- Screen Reader Only:
- all text indicated as strikethrough will begin as 'deleted from existing statue' and finish with 'end deletion'
- All-caps or Bold and Italic:
- added to existing law
- Screen Reader Only:
- all text indicated as all-caps or bold and italic will begin as 'added to existing law' and finish with 'end insertion'
February 2, 2026
After consideration on the merits, the Committee recommends the following:
SB26-005 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, page 2, after line 7, insert:
Page 1, Line 2"(b) In later 19th century cases as well, the United States supreme
Page 1, Line 3court held that federal officials could be liable for damages even for
Page 1, Line 4reasons relating to but beyond the lawful scope of federal duties, Mitchell
Page 1, Line 5v. Harmony, 54 U.S. 115 (1851), and in particular that state courts
Page 1, Line 6possessed jurisdiction to consider such damages claims, Teal v. Felton,
Page 1, Line 753 U.S. 284 (1852);".
Page 1, Line 8Reletter succeeding paragraphs accordingly.
Page 1, Line 9Page 3, line 3, strike "state law," and substitute "state courts,".
Page 1, Line 10Page 4, strike lines 11 through 18 and substitute:
Page 1, Line 11"(1) A person who has their rights that are guaranteed by
Page 1, Line 12the United States constitution violated by another person who,
Page 1, Line 13acting under color of any federal, state or local law, is
Page 1, Line 14participating in civil immigration enforcement, may bring a civil
Page 1, Line 15action against the other person. A person found to have
Page 1, Line 16violated the United States constitution while participating in
Page 1, Line 17civil immigration enforcement is liable to the person whose
Page 1, Line 18rights are violated for legal or equitable relief or any other
Page 1, Line 19appropriate relief.".
Page 1, Line 20Page 5, line 2, strike "constitution," and substitute "constitution and
Page 1, Line 2142 U.S.C. sec. 1983,".
Page 1, Line 22Page 6, before line 4, insert:
Page 1, Line 23"SECTION 4. Severability. If any provision of this act or the
Page 2, Line 1application of this act to any person or circumstance is held invalid, the
Page 2, Line 2invalidity does not affect other provisions or applications of the act that
Page 2, Line 3can be given effect without the invalid provision or application, and to
Page 2, Line 4this end the provisions of this act are declared to be severable.".
Page 2, Line 5Renumber succeeding section accordingly.