H.849, the Constitutional Accountability Act, passed into law yesterday. It is one of the first bills to clear the governor’s desk this year. The law allows individuals to sue government officials for monetary damages and other forms of relief if they violate a person’s federal constitutional rights. It represents one of the most powerful tools available for states to protect against unconstitutional actions by federal agents and was a top legislative priority for the ACLU of Vermont this year.
With the enactment of H.849, Vermont joins other states such as Maine and Massachusetts in providing legal recourse under state law for constitutional violations by federal agents. Earlier this month, the ACLU of Maine brought suit against federal immigration agents under a similar state law for abducting a Portland man and violating his civil rights during a mass immigration raid earlier this year.
Vermont’s law is one of the nation’s strongest when it comes to constitutional protections and is the strongest bill of its kind passed by any legislature so far this year.
The following is a statement from Falko Schilling, Advocacy Director, ACLU of Vermont:
“At a time when federal agents are showing clear disregard for civil rights and the rule of law, the Constitutional Accountability Act is a powerful example of how states can respond to protect their communities and hold government officials accountable. This law sends a message to the federal government that the people of Vermont take our constitutional rights seriously and are prepared to enforce them.
“With the enactment of H.849, we are proud to see Vermont’s elected officials showing up to protect the constitutional rights of everyone who calls our state home. This law represents the commonsense principle that if federal agents violate your rights, you deserve your day in court. Simply put, rights without remedies are not really rights at all.
“We want to express our gratitude to Rep. Martin Lalonde for sponsoring the bill, to the tri-partisan coalition of lawmakers who voted for its passage, as well as the countless Vermonters who called on their elected officials to make the bill a law.”
While celebrating the enactment of H.849, the ACLU continues to call for the swift passage of other bills to better protect Vermont communities from federal abuses of power, including:
- S.208, which would require proper identification of law enforcement
- S.209 and S.227, which would protect sensitive community locations from immigration enforcement
- Funding for access to legal services for people in immigration court
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