Legislation signed to ensure constitutional rights of Rhode Island residents
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STATE HOUSE – Legislation sponsored by Senate Majority Leader Frank A. Ciccone III and Rep. Brandon Potter was ceremonially signed into law today, protecting Rhode Islanders’ constitutional rights by creating a state-level right to sue federal officers who violate them.
The law was ceremonially signed by Gov. Dan McKee today at an event at Dorcas International Institute of Rhode Island, along with bills prohibiting warrantless civil arrests at courthouses, banning Immigration and Customs Enforcement (ICE) officers from polling places and closing a loophole that subjected lawful permanent residents and other noncitizens to potential deportation for minor, nonviolent offenses.
The legislation (2026-S 2605, 2026-H 7202), which took effect immediately upon passage, allows Rhode Island residents to file civil lawsuits in state court against federal officials who, while acting under federal authority, violate their constitutional rights. The new law also restricts these officials’ ability to invoke legal immunity.
“States serve as an important safeguard when questions arise about the protection of constitutional rights. Rhode Island has an obligation to ensure that all law enforcement activity carried out within our communities meets the standards set forth in the Constitution.” said Leader Ciccone (D-Dist. 7, Providence, Johnston).
“Under the Trump administration, federal officials have invaded our states and blatantly disregarded the constitutional rights of the citizens whose communities they have occupied. These abuses are only growing more brazen. This federal government will not police itself, so individual Rhode Islanders need a defense in state courts to protect their constitutional rights, which is exactly what this legislation provides,” said Representative Potter (D-Dist. 16, Cranston). “For too long, federal officials have enjoyed broad immunity against lawsuits in federal court, a deficiency in our legal system that this lawless administration has made heartbreakingly clear. It’s time for states to step up to their residents’ defense, starting with Rhode Island.”
Rhode Island previously had no state cause of action to sue a federal official in a state court for
violating the federal constitution, meaning that Rhode Islanders whose constitutional rights have been violated have to sue federal officials in federal courts, where judges have ruled that officials have broad immunity from these lawsuits.
Both Leader Ciccone and Representative Potter stressed that the legislation carefully considers constitutional limits, including the balance of authority between federal and state governments. They expressed confidence that states have the legal authority to ensure that actions taken within their jurisdictions respect the protections guaranteed by the Constitution.
“Our goal is to move forward in a way that is responsible, lawful, and firmly grounded in constitutional principles,” Leader Ciccone said. “At a time when many residents are looking to their state leaders for reassurance, it is important that we demonstrate both our commitment to the rule of law and our willingness to defend the rights of all Rhode Islanders.”
“Rhode Islanders who are punished for exercising their right to protest or who are improperly detained without probable cause would have cases under this law,” said Representative Potter. “As we see daily across the nation, these are not hypothetical concerns. It is better to act now to put this protection in place before the abuses we’re seeing elsewhere become common in Rhode Island.”
The law exclusively applies to federal officials and creates no new liability for state and local officials.
IN PHOTO: Sen. Frank A. Ciccone III, far left, and Rep. Brandon Potter, far right, celebrate with advocates after Gov. Dan McKee, seated, signed their bill.
For more information, contact:
Andrew Caruolo, Publicist
State House Room 20
Providence, RI 02903
(401)222-6124
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