California Penal Code Section 422.6 makes it a crime for any person—including federal-government officials—to willfully interfere with the constitutional or statutory rights of others, when the interference is motivated by protected characteristics. Here's the relevant language:
422.6.
(a) A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.
Violating this law is a misdemeanor in California, punishable by jail time, fines, or both.
Due process is one of the federally protected civil rights under the Fifth and Fourteenth Amendments to the U.S. Constitution. And the U.S. Supreme Court has long held that immigrants are entitled to due-process protections. See:
Zadvydas v. Davis, 533 U.S. 678, 693 (2001): “The Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”
Mathews v. Diaz, 426 U.S. 67, 77 (1976): “Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.”
So when ICE officers and their leaders kidnap or render individuals to foreign prisons without any due process, California prosecutors have the legal authority to file criminal charges against those officials, if the unlawful acts occurred in their jurisdiction and targeted someone based on a protected characteristic like their real or perceived race or national origin.
California prosecutors can—and should—pursue charges where the victims are targeted in California.
Under Penal Code § 422.6, any person who interferes—whether directly, through threats, intimidation, or by conspiring with others—can be held liable. That includes not only federal agents but also high-ranking officials like:
The U.S. Attorney General,
The Secretary of Homeland Security,
Or even the President of the United States.
The question is: Will California prosecutors have the fortitude and moral clarity to hold federal officials accountable when they violate the civil rights of people in California? Will California courts recognize that this criminal statute exists precisely to protect our communities from tyranny, regardless of whether the perpetrator brandishes a local, state, or federal badge or holds federal office?
We will see.
And by the way, the president can't pardon federal officers who are prosecuted under state law.
If you believe that your rights—or those of someone you care about—have been violated in this way, we can help. Contact us.
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— A Client
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— T.J. (law enforcement)
