Illinois Lawmakers Pass Bill Restricting Federal Immigration Arrests Near Courthouses
Illinois lawmakers passed a bill on Friday 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, approved largely along party lines, was sent to Democrat Gov. JB Pritzker’s desk. His office said he supports the idea and will review the proposal when it reaches his desk.
According to the bill, civil damages for false imprisonment could be imposed when a migrant attending a court hearing or appearing as a party or witness to a legal proceeding is arrested.
### Judge Cites ‘Fear or Obstruction’ in Blocking ICE Courthouse Arrests
Earlier this month, a judge in Cook County, which includes Chicago, issued an order blocking immigration 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, contended that “there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law.”
### Supporters Highlight Need for Safe Courthouses
Supporters of the bill say courts must be accessible to everyone to seek resolutions to violations of their rights. Democrat state Sen. Celina Villanueva, co-sponsoring the bill, stated, “No one should have to choose between seeking justice and risking their freedom. Courthouses must be places where people can resolve disputes, testify and support loved ones, not sites of fear or intimidation.”
However, even one of the measure’s top sponsors acknowledges it will face an uphill battle in court.
“It’s not just about the constitutionality of the law, which I think is sound, but it’s the reality that the courts are stacked against us,” said Democrat Senate President Don Harmon. “The federal government can try to remove it from state courts to federal courts. They can try to substitute the government itself for the individual defendants, but that’s not a reason not to try.”
### Policies for Sensitive Locations
The measure also requires hospitals, daycare centers, and higher education institutions to create policies detailing how they would handle immigration agents inside their facilities.
Earlier this year, the federal government reversed a Biden administration policy that prohibited immigration arrests in sensitive locations such as hospitals, schools, and churches.
### Similar Protections in Other States
Other states have made similar efforts to protect migrants against federal raids.
Since 2017, California has restricted immigration enforcement actions in courthouses. California Attorney General Rob Bonta said, “The state cannot control federal immigration action, but the state has a responsibility to provide safe and secure access to court facilities to all residents regardless of immigration status.”
In Connecticut, state Supreme Court Chief Justice Raheem Mullins issued a policy in September banning warrantless arrests inside state courts. The policy also prohibits the use of face coverings, often worn by ICE officers to shield their identities, in judicial buildings.
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This new Illinois legislation represents a continuing effort among states to push back against federal immigration enforcement tactics within sensitive community spaces. The measure aims to ensure that courthouses remain safe and accessible to all individuals, regardless of immigration status.
https://www.foxnews.com/politics/illinois-lawmakers-pass-bill-banning-ice-immigration-arrests-near-courthouses
