Illinois Lawmakers Approve Bill Banning Immigrant Arrests Near Courthouses

Illinois lawmakers on Friday passed a bill banning federal agents from making immigration-related arrests near courthouses.

The measure also authorizes lawsuits when people believe their constitutional rights have been violated during civil immigration-related arrests.

The legislation, approved largely along partisan lines, was sent to Democratic Gov. JB Pritzker’s desk. His office said he supports the idea and will review the proposal when it reaches his desk.

Under the bill, civil damages for false imprisonment could be imposed when a migrant attending a court hearing or appearing as a party or witness in a legal proceeding is arrested.

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Illinois lawmakers on Friday passed a bill banning federal agents from making immigration-related arrests near courthouses. (Christopher Dilts/Getty Images)

Supporters of the bill say the courts should be accessible to all to seek solutions to violations of their rights, but even one of the measure’s main sponsors acknowledges she will face an uphill battle in court.

“It’s not just about the constitutionality of the law, which I think is solid, but also about the fact that the courts are against us,” said Democratic Senate President Don Harmon. “The federal government can try to move the case from the state courts to the federal courts. They can try to substitute the government itself for the individual defendants, but that’s no reason not to try.”

Earlier this month, a judge in Cook County, which includes Chicago, issued an order blocking immigrant arrests at county courthouses, citing concerns about “fear or obstruction” while migrants attend court proceedings. The order prohibits immigration authorities from making civil arrests of any “party, witness, or potential witness” during court appearances.

The federal government, however, maintained that “there is no legal sanctuary where one can hide and avoid the consequences of breaking the law.”

The measure authorizes lawsuits when people believe their constitutional rights have been violated during civil immigration-related arrests. (Michael M. Santiago/Getty Images)

The Trump administration’s immigration program aims to detain suspected illegal migrants as part of the president’s mass deportation policy. But witnesses reported numerous incidents where Immigration and Customs Enforcement detained people regardless of citizenship or legal status.

“No one should have to choose between seeking justice and risking their freedom,” said Democratic Sen. Celina Villanueva, who co-sponsored the bill. “Courthouses should be places where people can resolve their disputes, testify and support their loved ones, not places of fear or intimidation.”

The measure also requires hospitals, child care centers and higher education institutions to develop policies detailing how they will manage immigration agents within their facilities.

Earlier this year, the federal government reversed a Biden administration policy banning immigrant arrests in sensitive locations such as hospitals, schools and churches.

Other states have made similar efforts to protect migrants from federal raids.

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The legislation, approved largely along partisan lines, was sent to Democratic Gov. JB Pritzker’s desk. (Anna Moneymaker/Getty Images)

California has restricted immigration enforcement in courthouses since 2017. California Attorney General Rob Bonta said the state cannot control federal immigration enforcement, but “the state has a responsibility to provide safe and secure access to court facilities to all residents, regardless of their immigration status.”

In Connecticut, state Supreme Court Chief Justice Raheem Mullins in September issued a policy banning warrantless arrests in state courts and banned the use of masks, often worn by ICE agents to protect their identities, in court buildings.

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“Judges, staff, litigants, members of the public must all be able to conduct their business in our courthouses without fear of disruption,” Mullins said.

Other bills introduced by various local governments and Congress also seek to ban the wearing of masks by immigration agents.

The Associated Press contributed to this report.