SPRINGFIELD, Ill. (AP) — Illinois lawmakers have sent Governor JB Pritzker legislation prohibiting federal authorities from making immigration arrests near courthouses. However, even one of the measure's main sponsors expresses doubts about its ability to withstand potential court challenges.
The bill, which passed early Friday, allows individuals to sue if they believe their constitutional rights have been violated during civil immigration arrests. It also imposes civil damages for false imprisonment when arrests occur at or near court hearings, emphasizing the imperative for courts to remain accessible to everyone.
Democratic Senate President Don Harmon, a lead sponsor of the legislation, noted that while the law's constitutionality might be sound, the judicial environment may pose challenges. The federal government can attempt to remove it from state courts or substitute the government for individual defendants, but that shouldn’t deter us from pursuing this avenue, he stated.
Governor Pritzker supports the initiative and will review the bill upon receipt, according to spokesperson Matt Hill.
Just two weeks prior, the top judge in Cook County issued a similar prohibition against such arrests. However, it remains unclear whether the U.S. Department of Homeland Security has adhered to this directive.
No one should have to choose between seeking justice and risking their freedom, commented Sen. Celina Villanueva, a co-sponsor of the bill. Advocates argue that courthouses must be places free from fear and intimidation, where disputes can be resolved peacefully.
Other states, including California and Connecticut, have enacted similar protections aimed at securing immigrant access to judicial processes. In California, a law has restricted immigration enforcement actions in courthouses since 2017. Connecticut's Chief Justice recently implemented policies prohibiting warrantless arrests inside courts, ensuring that justice can be pursued without disruption.
