Maryland Senate Committee Advances Legislation Allowing Citizens to Sue Federal Agents for Constitutional Violations

Maryland’s No Kings Act moves to the full Senate, aiming to allow residents to sue federal agents in state court for constitutional violations.

By: AXL Media

Published: Mar 18, 2026, 5:41 AM EDT

Source: Information for this report was sourced from Maryland Matters

Legislative Push to Expand Civil Liability for Federal Officials

Maryland lawmakers are moving forward with a significant expansion of the state’s judicial reach through the No Kings Act, which recently cleared a key Senate committee. The legislation, officially designated as Senate Bill 346, seeks to establish a state level framework similar to the federal statute 42 U.S.C. Section 1983. While the existing federal law allows individuals to sue state and local officers for civil rights abuses, proponents of the new bill argue that no equivalent mechanism currently exists to hold federal agents accountable for similar misconduct. By providing a pathway for litigation in Maryland courts, the bill aims to ensure that federal authority does not operate above the constraints of constitutional law.

Closing the Accountability Gap for Federal Law Enforcement

Judicial Proceedings Vice Chair Jeff Waldstreicher, the primary sponsor of the Senate version, characterized the bill as a necessary corrective measure to bring federal agents under the same scrutiny as Maryland police. During committee discussions, Waldstreicher emphasized that state law enforcement officers are already subject to civil liability for constitutional breaches committed under the color of law. The No Kings Act would essentially create a converse version of this standard, ensuring that agencies like U.S. Immigration and Customs Enforcement (ICE) can be held to the same legal expectations as local departments. This shift would move these specific civil cases from the federal level into the Maryland state court system.

Opposition Cites Potential Interference with Immigration Enforcement

The progression of the bill has met with stiff resistance from Republican committee members who view the measure as a politically motivated strike against federal immigration policy. Senator William G. Folden expressed concern that the legislation is specifically designed to hinder agents tasked with executing the current administration's border and interior enforcement strategies. Folden, a retired law enforcement officer, argued that opening federal agents to civil liability in state courts represents a significant escalation in tensions between state and federal authorities. He cautioned that the lower "preponderance of evidence" standard in civil court could be used to harass officers for simply performing th...