Illinois lawmakers approve bill banning immigration arrests near courthouses

Illinois lawmakers passed a bill Friday banning federal agents from manufacturing it Immigrant arrests near courthouses.

The measure also allows lawsuits if people believe their constitutional rights were violated in the detention of civilian immigrants.

The bill, passed largely along partisan lines, was sent to the desk of Democratic Gov. JB Pritzker. His office said he supports the idea and will review the proposal when it comes to him.

According to the bill, civil damages for deprivation of liberty could be awarded if a migrant is arrested while attending a court hearing or acting as a party or witness in a court proceeding.

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Supporters of the bill say the courts must be accessible to all to find resolution when their rights are violated, but even one of the measure’s main sponsors acknowledges there will be an uphill battle in court.

“It’s not just about the constitutionality of the law, which I think is sound, but about the reality that the courts are against us,” said Democratic Senate President Don Harmon. “The federal government can try to transfer it from state courts to federal courts. It can try to replace the individual defendants with the government itself, 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 district courts, citing concerns about “fear or obstruction” while migrants attend court proceedings. The order prohibits immigration authorities from civilly detaining “parties, witnesses, or potential witnesses” during court appearances.

However, the federal government maintained that “there are no legal refuges in which one can hide and escape the consequences of breaking the law.”

The Trump administration’s immigration agenda aims to arrest suspected illegal immigrants as part of the president’s immigration policies Mass deportation policy. But witnesses have reported numerous incidents in which Immigration and Customs Enforcement arrested people regardless of their 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 must be places where people can resolve disputes, testify and support loved ones, not places of fear or intimidation.”

The measure also requires hospitals, day care centers and higher education institutions to create policies detailing how they interact with immigration officials at their facilities.

Earlier this year, the federal government reversed a Biden administration policy that banned immigrant detentions at sensitive locations such as hospitals, schools and churches.

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

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California has limited immigration enforcement activities in courthouses 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 for all residents, regardless of immigration status.”

In Connecticut, state Supreme Court Chief Justice Raheem Mullins issued a directive in September that bans warrantless arrests in state courts and bans the use of face coverings, often worn by ICE officers to protect their identities, in judicial buildings.

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“Judges, staff, litigants, members of the public, they all need to 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 target this Ban on face coverings for immigration officers.

The Associated Press contributed to this report.