DFL legislators: Here’s what we can do to hold ICE accountable

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All Minnesotans deserve to feel safe and to have their rights as Americans protected. But the unprecedented incursion of federal agents into our state is making us less safe, with agents acting with total disregard for the law or Constitution.

President Donald Trump has been direct that targeting Minnesotans is about political “retribution.” He has deployed an unprecedented force — up to five times the size of the Minneapolis Police Department. Many in Minnesota law enforcement have been blunt about how poorly trained and reckless these agents are. The tally of their violations of civil rights and liberties is staggering, and it is growing.

In the last few weeks alone, these agents:

Like schoolyard bullies on a power trip, these agents are acting as if there are no consequences for their actions. They are being told as much by the president, by Vice President JD Vance and by Homeland Security Secretary Kristi Noem. But that is false.

There is no absolute immunity from prosecution. We are grateful to Minnesota Attorney General Keith Ellison and Hennepin County Attorney Mary Moriarty for working to preserve evidence and to explore their options despite the FBI kicking the state out of the investigation into the killing of Good.

That is why we plan to introduce legislation when we return to session in February to establish a right for Minnesotans to sue for civil and monetary damages for constitutional violations. This includes the rights to free speech, to peaceful assembly, to due process and to equal protection of the law.

The proposal is simple: Minnesotans injured by unconstitutional acts should be able to seek a remedy from an independent and impartial court. This will not eliminate the harm done, but it may at least begin the process of repair for Minnesotans whose rights have been trampled.

Allowing civil lawsuits for constitutional violations by any actor — state, local or federal — is not a new concept. It is currently the law in states such as Maine, Massachusetts and California.

This proposal is constitutionally sound as well. It would not violate the principle of federal sovereignty, because it would advance the U.S. Constitution by allowing Minnesotans to protect their basic constitutional rights.

The proposal also should not be partisan. All elected officials, regardless of party, swear an oath to uphold the Constitution. The law would allow any Minnesotan under any future administration — Democratic or Republican — to assert their fundamental constitutional rights if they are violated.

Despite the darkness of this time, we still see hope in our communities. Hope that by standing together, we can help protect our neighbors and each other. Hope in bringing food to those in need or watching over our schools or places of worship. Hope for healing, for safety and, ultimately, for accountability.