RESEARCH STARTER

Color of law

The term "color of law" refers to actions taken by government officials, especially law enforcement, while they are perceived to be exercising their official duties. It is particularly significant in civil rights cases involving the enforcement of rights outlined in the Fourteenth Amendment, as it highlights instances where officials abuse their power to deprive individuals of their civil rights. Such actions can lead to both criminal charges and civil lawsuits against the perpetrators. Common complaints associated with color of law violations include excessive use of force, false arrests, and failures to protect individuals from harm.

The federal government, particularly through the Federal Bureau of Investigation (FBI) and the Department of Justice, actively investigates and prosecutes these violations, emphasizing accountability within law enforcement agencies. The phrase also extends to issues of institutional racism, indicating how legal systems can perpetuate racial privilege and discrimination. Additionally, "color of law" is relevant in immigration contexts, referring to non-citizens who are allowed to reside in the U.S. under certain legal frameworks. Overall, the concept underscores the importance of safeguarding civil rights against official misconduct and highlights ongoing challenges in ensuring equitable treatment for all individuals.

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SIGNIFICANCE: The color of law provision in the U.S. Code has been important in civil rights cases, particularly in the enforcement of the rights guaranteed by the Fourteenth Amendment.

Government employees, and especially law-enforcement officers, are said to act “under color of law” when they presume to act in official capacities in the course of depriving others of their civil rights. The phrase therefore suggests an abuse of the powers entrusted to law-enforcement agents and other officials, constituting misconduct. The deprivation of rights “under color of law” can amount to criminal offenses or lead to civil lawsuits. At the federal level, allegations of color of law violations constitute the majority of federal civil rights cases initiated by the Federal Bureau of Investigation (FBI).

Color-of-law complaints, frequently leveled at law-enforcement personnel, include charges of excessive force, sexual assaults, false arrest or fabrication of evidence, wrongful deprivation of property, and failure to keep persons from harm. The Department of Justice can pursue remedies under civil law when entire police departments engage in patterns or practices of rights violations, and similar civil actions can be initiated against institutions that violate the rights of institutionalized persons, including inmates in jails, prisons, and mental hospitals. All citizens and residents enjoy rights that may be threatened by official misconduct under color of law, but the deprivation of the civil rights of aliens and members of minorities, or differential treatment of aliens and minorities, is a problem of special interest and importance in both criminal and civil law contexts.

The phrase “color of law” is also used in the context of immigration to refer to aliens permanently residing in the United States under color of law, suggesting that the Immigration and Naturalization Service (INS) is permitting their residence in the United States indefinitely. The color of law has also been used to suggest that racial privileges and racial discriminations are institutionalized or embedded in the legal system.



Bibliography

"Deprivation of Rights Under Color of Law." US Department of Justice, 31 May 2021, www.justice.gov/crt/deprivation-rights-under-color-law. Accessed 10 Oct. 2025.

Howard, John R. The Shifting Wind: The Supreme Court and Civil Rights from Reconstruction to Brown. Albany: State University of New York Press, 1999.

O’Brien, David M. Constitutional Law and Politics. 6th ed. New York: W. W. Norton, 2005.

"The Role of 18 U.S.C. § 242 Prosecutions in Upholding Constitutional Rights." Idaho State Bar, 29 Aug. 2025, isb.idaho.gov/blog/the-role-of-18-u-s-c-section-242-prosecutions-in-upholding-constitutional-rights-by-wendy-j-olson/. Accessed 10 Oct. 2025.

Welch, Anna, and Sang Yeob Kim. "Non-State Actors 'Under Color of Law': Closing a Gap in Protection Under the Convention Against Torture." Harvard Human Rights Journal, vol. 35, 2022. DOI: 10.2139/ssrn.3919142. Accessed 10 Oct. 2025.


Full Article

SIGNIFICANCE: The color of law provision in the U.S. Code has been important in civil rights cases, particularly in the enforcement of the rights guaranteed by the Fourteenth Amendment.

Government employees, and especially law-enforcement officers, are said to act “under color of law” when they presume to act in official capacities in the course of depriving others of their civil rights. The phrase therefore suggests an abuse of the powers entrusted to law-enforcement agents and other officials, constituting misconduct. The deprivation of rights “under color of law” can amount to criminal offenses or lead to civil lawsuits. At the federal level, allegations of color of law violations constitute the majority of federal civil rights cases initiated by the Federal Bureau of Investigation (FBI).

Color-of-law complaints, frequently leveled at law-enforcement personnel, include charges of excessive force, sexual assaults, false arrest or fabrication of evidence, wrongful deprivation of property, and failure to keep persons from harm. The Department of Justice can pursue remedies under civil law when entire police departments engage in patterns or practices of rights violations, and similar civil actions can be initiated against institutions that violate the rights of institutionalized persons, including inmates in jails, prisons, and mental hospitals. All citizens and residents enjoy rights that may be threatened by official misconduct under color of law, but the deprivation of the civil rights of aliens and members of minorities, or differential treatment of aliens and minorities, is a problem of special interest and importance in both criminal and civil law contexts.

The phrase “color of law” is also used in the context of immigration to refer to aliens permanently residing in the United States under color of law, suggesting that the Immigration and Naturalization Service (INS) is permitting their residence in the United States indefinitely. The color of law has also been used to suggest that racial privileges and racial discriminations are institutionalized or embedded in the legal system.



Bibliography

"Deprivation of Rights Under Color of Law." US Department of Justice, 31 May 2021, www.justice.gov/crt/deprivation-rights-under-color-law. Accessed 10 Oct. 2025.

Howard, John R. The Shifting Wind: The Supreme Court and Civil Rights from Reconstruction to Brown. Albany: State University of New York Press, 1999.

O’Brien, David M. Constitutional Law and Politics. 6th ed. New York: W. W. Norton, 2005.

"The Role of 18 U.S.C. § 242 Prosecutions in Upholding Constitutional Rights." Idaho State Bar, 29 Aug. 2025, isb.idaho.gov/blog/the-role-of-18-u-s-c-section-242-prosecutions-in-upholding-constitutional-rights-by-wendy-j-olson/. Accessed 10 Oct. 2025.

Welch, Anna, and Sang Yeob Kim. "Non-State Actors 'Under Color of Law': Closing a Gap in Protection Under the Convention Against Torture." Harvard Human Rights Journal, vol. 35, 2022. DOI: 10.2139/ssrn.3919142. Accessed 10 Oct. 2025.


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