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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.
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Supporters of the bill say courts must be accessible to everyone to seek resolutions to violations of their rights, but 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,” Democrat Senate President Don Harmon said. “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.”
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.”
The Trump administration’s immigration agenda aims to detain suspected illegal migrants as part of the president’s mass deportation policies. But witnesses have reported numerous incidents of Immigration and Customs Enforcement detaining people regardless of citizenship or legal status.
“No one should have to choose between seeking justice and risking their freedom,” said Democrat state Sen. Celina Villanueva, who is co-sponsoring the bill. “Courthouses must be places where people can resolve disputes, testify and support loved ones, not sites of fear or intimidation.”
The measure also requires hospitals, day care 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 prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.
Other states have made similar efforts to protect migrants against federal raids.
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California has restricted immigration enforcement action in 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 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, and prohibited the use of face coverings, often worn by ICE officers to shield their identities, in judicial buildings.
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“Judges, staff, litigants, members of the public, they all must 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 seek to ban face coverings for immigration agents.
The Associated Press contributed to this report.
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