Vermont bill to sue agents
The Vermont House passed a bill that would let individuals sue federal agents—including ICE officers—for constitutional violations, and the measure now moves to the state Senate. If enacted, it would create a new state-level accountability route for alleged federal overreach in immigration enforcement. (vnews.com)
H.849’s text adds a new Chapter 205 to Title 12 of the Vermont Statutes and creates a statutory section §5797 authorizing a civil action for deprivation of federal constitutional rights by any government official. (legislature.vermont.gov)) The bill was introduced in the 2025–2026 session by Rep. Martin LaLonde of South Burlington and is recorded in legislative tracking as H.849. (legislature.vermont.gov)) During House Judiciary Committee review, witnesses from the ACLU of Vermont, including Advocacy Director Falko Schilling, urged lawmakers to adopt the measure and recommended adding attorney‑fee language. (legislature.vermont.gov)) Legislative counsel’s presentation to members notes H.849 is modeled on 42 U.S.C. §1983 and points to similar state statutes in California, Massachusetts, Maine, New Jersey and Illinois while flagging an unsettled legal question about applying state causes of action to federal officers. (legislature.vermont.gov)) Momentum for the legislation accelerated after an ICE operation in South Burlington on March 12, 2026 that sparked protests and a packed joint House-Senate judiciary hearing on March 19 where local and state police defended their conduct. (burlingtonfreepress.com)) Sponsors and legislative materials acknowledge H.849 faces likely Supremacy Clause and other federal‑preemption challenges in court, but proponents including Rep. LaLonde have said they consider potential litigation an acceptable risk to establish a state accountability route. (vermontpublic.org))
