Congressman Andrew Garbarino (R-Bayport), in partnership with Congresswoman Claudia Tenney (R, NY-24), has reintroduced the Local Law Enforcement Protection Act, a federal bill aimed at safeguarding qualified immunity protections for police officers at the state and local levels across the country.
The legislation reasserts the legal precedent established in the 2001 Supreme Court case Saucier v. Katz, which ruled that police officers are only liable for civil damages if they violate an individual’s “clearly established” constitutional rights. By codifying this standard, the Local Law Enforcement Protection Act seeks to ensure that law enforcement personnel acting within the bounds of the law are not subject to unwarranted legal action.
The bill includes a provision to withhold certain federal grants from state and local governments that choose to strip qualified immunity protections from their officers. This move is designed to discourage jurisdictions from implementing policies that proponents of the bill say could undermine law enforcement and public safety.
Congressman Garbarino emphasized that the measure is not about excusing misconduct but about maintaining a necessary legal shield for officers performing their duties in complex and often dangerous situations.
“Qualified immunity has long protected law enforcement officers from being sued for doing their jobs when acting lawfully in the line of duty. Police protect and serve our communities every day—we have a responsibility to stand with them, not tie their hands. I’m proud to co-lead the Local Law Enforcement Protection Act, which discourages state and local governments from adopting harmful policies that undermine our law enforcement community,” stated Garbarino.
The reintroduction of the bill comes at a time when debates around police reform, accountability, and public safety continue to shape national policy discourse. In the wake of several high-profile incidents in recent years, some state and local governments have considered or implemented reforms that include eliminating or narrowing qualified immunity, arguing that it provides too broad a shield for misconduct.
Supporters of the Local Law Enforcement Protection Act counter that removing qualified immunity could subject police officers to excessive and frivolous lawsuits, thereby deterring individuals from entering or remaining in the profession. They argue that such a shift could exacerbate staffing shortages and negatively impact community policing efforts.
Congresswoman Tenney underscored these concerns.
“As assaults on police officers continue to increase and the radical Left’s ‘Defund the Police’ movement gains traction, some local and state-level governments are cutting police budgets and working to strip away qualified immunity. Police officers who put their lives on the line every day should be able to do their jobs without the constant threat of senseless lawsuits. The Local Law Enforcement Protection Act safeguards qualified immunity for these courageous police officers who risk their lives to serve our community. I will continue to stand with our men and women in blue to ensure they are treated like the heroes they are,” said Tenney.
The bill also responds to national trends tied to the “Defund the Police” movement and broader law enforcement reform initiatives that gained momentum after 2020. Garbarino and Tenney’s legislation aims to push back against these movements by reinforcing protections for officers, which they argue are essential for maintaining order and safety in communities.
While the bill is likely to receive strong support among Republicans and some moderate Democrats, it may face stiff opposition from progressive lawmakers and civil rights advocates who argue that qualified immunity has become a legal barrier to justice for victims of police misconduct. Critics of the doctrine claim it can shield bad actors from accountability, especially in cases involving excessive use of force or civil rights violations.
Nonetheless, the reintroduction of the Local Law Enforcement Protection Act signals a continued commitment among its supporters to prioritize police protections and reinforce a traditional framework of law enforcement operations.
As the bill proceeds through committee and potentially reaches the floor for a vote, the broader debate around qualified immunity and policing reform is expected to remain a focal point in the 2025 legislative session. Meanwhile, Garbarino and Tenney remain resolute in their message: protecting law enforcement officers is essential to ensuring public safety and upholding the rule of law.
