Illinois lawmakers approve bill banning immigration arrests near courthouses
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Illinois lawmakers passed a bill Friday that would ban federal agents from making immigration arrests near courthouses.
The measure also allows lawsuits from people who believe their constitutional rights were violated during the detention of civilian immigrants.
Approved largely along party lines, the legislation was sent to Democratic Gov. J.B. Pritzker’s desk. His office said it supported the idea and would review the proposal once it reached his desk.
According to the bill, when an immigrant who attends a court hearing or is a party or witness in a lawsuit is arrested, civil damages may be awarded for false imprisonment.
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Illinois lawmakers passed a bill Friday that would ban federal agents from making immigration arrests near courthouses. (Christopher Dilts/Getty Images)
Supporters of the bill say courts should be accessible to everyone to address human rights violations; But even one of the measure’s biggest sponsors acknowledges it will face an uphill battle in court.
“This is not just about the constitutionality of the law, which I think makes sense, but the fact that the courts are against us,” said Democratic Senate President Don Harmon. “The federal government may try to remove this from state courts to federal courts. They may try to replace 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 the detention of immigrants at county courthouses, citing concerns of “intimidation or obstruction” when immigrants appear at court hearings. The order prohibits immigration authorities from making civil detention of any “party, witness, or potential witness” during an arraignment.
But the federal government argued that “there is no legal refuge in which you can escape and hide from the consequences of violating the law.”
The measure allows people who believe their constitutional rights were violated during the detention of civilian immigrants to sue. (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. However, witnesses 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 Senator Celina Villanueva, a co-sponsor of the bill. “Courthouses 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 institutions of higher education to create policies detailing how they will deal with immigration officers at their facilities.
Earlier this year, the federal government reversed a Biden administration policy that banned the detention of immigrants in sensitive places such as hospitals, schools and churches.
Other states have made similar efforts to protect immigrants from federal raids.
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Approved largely along party lines, the legislation was sent to Democratic Gov. J.B. Pritzker’s desk. (Anna Moneymaker/Getty Images)
California has restricted immigration enforcement proceedings at courthouses since 2017. 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 for all residents, regardless of immigration status.”
In Connecticut, state Supreme Court Chief Justice Raheem Mullins issued a policy in September banning warrantless arrests in state courts and banning the use of face masks, which ICE officers typically wear to protect their identities, from court buildings.
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“Judges, staff, litigants, the public—all should be able to conduct their business in our courthouses without fear of disruption,” Mullins said. he said.
Other bills introduced by various local governments and Congress also seek to ban facial coverings from immigration officers.
The Associated Press contributed to this report.
