State Sen. Tony Hwang (R–Fairfield) announced on April 14 his opposition to Senate Bill 397, which he said would impose further restrictions and liabilities on local, state, and federal law enforcement officers while raising constitutional and public safety concerns.
The debate over S.B. 397 centers on the balance between protecting civil liberties and ensuring effective law enforcement. The bill broadly prohibits peace officers from detaining, arresting, or taking someone into custody for a civil offense in state or municipal facilities and other protected areas unless there is a judicial warrant. It also expands the definition of “peace officer” to include certain federal agents.
Hwang said, “The Supremacy Clause of Article VI makes clear that the Constitution and laws of the United States made pursuant to it are the supreme law of the land. At the same time, the Tenth Amendment reserves to the states those powers not delegated to the federal government.” He continued by saying that S.B. 397 “gets that balance wrong,” arguing that immigration enforcement should remain primarily a federal responsibility.
He explained his position as both a legislator and an immigrant: “I say this not only as a state senator, but as an immigrant and a naturalized citizen of the United States… My opposition to this bill is not opposition to immigrants. It is a call for balance, fairness, and constitutional discipline.”
During debate on April 14, Hwang supported an amendment proposed by Senate Republicans (LCO 4100), which was rejected by Democrats in the Senate majority. This amendment would have allowed exceptions for enforcing laws when there is a judicial warrant or urgent threats such as violent offenses or terrorism concerns.
Hwang added: “The majority rejected a commonsense amendment that would have better protected the public and given law enforcement clearer authority in cases involving violent offenders, terrorism concerns, and urgent threats… We do not have to choose between compassion and the rule of law.”
Looking ahead, Hwang said Connecticut should aim for policies that protect immigrants while also maintaining public safety standards.
