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Illinois lawmakers on Friday approved a bill prohibiting federal agents from making immigration arrests near courthouses.
The measure also allows lawsuits when people believe their constitutional rights were violated during civil immigration arrests.
The legislation, passed 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 an migrant who attends a court hearing or appears as a party or witness in a legal proceeding is arrested.
BLUE CITY JUDGE CITES 'FEAR OR OBSTRUCTION' IN BLOCKING ARRESTS IN ICE COURT DURING COURT PROCEEDINGS
Illinois lawmakers on Friday approved a bill prohibiting federal agents from making immigration arrests near courthouses. (Christopher Dilts/Getty Images)
Supporters of the bill say the courts should be accessible to everyone to seek solutions to violations of their rights, but even one of the measure's main sponsors acknowledges that they will face an uphill battle in the courts.
“It's not just about the constitutionality of the law, which I think is sound, but the reality that the courts are against us,” said Democratic Senate President Don Harmon. “The federal government can try to move it from state courts to federal courts. They can try to substitute the government itself for 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 in county courthouses, citing concerns about “fear or obstruction” while immigrants 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 are no legal sanctuaries where one can hide and avoid the consequences for breaking the law.”
The measure allows lawsuits when people believe their constitutional rights were violated during civil immigration arrests. (Michael M. Santiago/Getty Images)
The Trump administration's immigration agenda aims to detain suspected illegal immigrants as part of the president's mass deportation policies. But witnesses have reported numerous incidents in which Immigration and Customs Enforcement detained people regardless of their citizenship or legal status.
“No one should have to choose between seeking justice and risking their freedom,” said Democratic state Sen. Celina Villanueva, a co-sponsor of the bill. “Courts should be places where people can resolve disputes, testify and support their loved ones, not places of fear or intimidation.”
The measure also requires hospitals, daycares and higher education institutions to create policies detailing how they would handle immigration agents within their facilities.
Earlier this year, the federal government revoked a Biden administration policy that prohibited immigration arrests in sensitive locations such as hospitals, schools and churches.
Other states have made similar efforts to protect immigrants from federal raids.
FEDERAL JUDGE LIMITS ICE ARRESTS WITHOUT WARRANT, PROBABLE CAUSE
The legislation, passed largely along partisan lines, was sent to Democratic Gov. JB Pritzker's desk. (Anna Moneymaker/Getty Images)
California has restricted immigration enforcement actions in court since 2017. California Attorney General Rob Bonta said the state cannot control federal immigration actions, but “the state has a responsibility to provide safe access to court facilities to all residents, regardless of their immigration status.”
In Connecticut, state Supreme Court Chief Justice Raheem Mullins issued a policy in September prohibiting warrantless arrests inside state courts and banned the use of face coverings, often worn by ICE agents to protect their identities, in court buildings.
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“Judges, staff, litigants, the public, everyone must be able to conduct their business in our courts without fear of disruption,” Mullins said.
Other bills introduced by various local governments and Congress also seek to ban immigration agents from wearing face coverings.
The Associated Press contributed to this report.
