New York closes the federal officer accountability gap left by the Supreme Court’s gutting of the Bivens remedy, covering federal, state, and local officials under a single universal cause of action.

Albany, N.Y — The New York State Bivens Act, originally sponsored by Senator Zellnor Myrie and Assemblymember Gabriella Romero, was included in Governor Hochul’s Public Protection and General Government Article VII budget bill which passed the State Legislature today. Passage of the law is a critical step toward closing the accountability gap that currently shields federal officers from legal liability for constitutional violations. Protect Democracy applauds Governor Hochul, Majority Leader Stewart-Cousins, Assembly Speaker Heastie and the prime sponsors for including this important legislation in the 2026-2027 state budget, making New York a model for constitutional accountability across the country.

The New York State Bivens Act is a landmark piece of legislation that creates a state-law cause of action allowing any person to sue a federal, state, or local government officer who violates the U.S. Constitution. At a time when democratic norms face unprecedented pressure, this law provides the necessary legal guardrails to ensure that constitutional accountability does not depend on what badge an officer was wearing when they acted — only on whether the Constitution was violated.

“For too long, federal officers have been able to violate the Constitution and walk away without consequence — not because the law permits it, but because the Supreme Court left victims with nowhere to turn,” said Quinn Raymond, Protect Democracy’s New York lead. “New York has just made history. By creating a universal cause of action covering federal, state, and local officers alike, the New York State Bivens Act ensures that every New Yorker can enforce their constitutional rights — not as hollow promises, but as enforceable law.”

The passage of the Bivens Act is central to Protect Democracy’s mission of preventing American democracy from declining into a more authoritarian form of government. It addresses a critical vulnerability by closing the accountability gap created when the U.S. Supreme Court gutted the Bivens remedy in Egbert v. Boule (2022), effectively leaving victims of federal constitutional violations without a legal remedy. The Bivens Act covers federal, state, and local officers through a single universal cause of action — a design that makes it far best positioned to withstand scrutiny at the U.S. Supreme Court.

This legislation is one component of a much larger set of immigration protections that was enacted after being championed by the New York Immigration Coalition, Common Cause New York, New York Legal Assistance Group, Make the Road New York, and The Legal Aid Society. Protect Democracy is grateful to these coalition partners for their important work.

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