A bill was approved by Illinois legislators on Friday, preventing federal agents from performing immigration arrests near courthouses.
The bill also makes it possible to file lawsuits when people feel their constitutional rights were violated during immigration arrests that are civil in nature.
The legislation, which was mostly approved along party lines, was delivered to the desk of Democratic Gov. JB Pritzker. According to his office, he supports the concept and will examine the proposal when it arrives.
The bill states that civil damages may be levied for false imprisonment when a migrant is arrested while attending a court hearing or is present as a party or witness in a legal matter.
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Supporters of the bill argue that everyone should have access to the courts in order to find solutions for violations of their rights, but even one of the measure’s main backers admits that it will encounter a difficult legal battle.
“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,” Democratic Senate President Don Harmon stated. “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 in the month, a judge in Cook County, which includes Chicago, issued an order prohibiting immigration arrests at county courthouses, citing worries about “fear or obstruction” when migrants attend court proceedings. The order forbids immigration authorities from making civil arrests of any “party, witness, or potential witness” during court appearances.
The federal government, however, asserted that “there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law.”
The immigration policy of the Trump administration seeks to detain suspected illegal migrants as part of the president’s mass deportation initiatives. However, witnesses have documented several instances 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 Democratic state Sen. Celina Villanueva, a co-sponsor of the bill. “Courthouses must be places where people can resolve disputes, testify and support loved ones, not sites of fear or intimidation.”
Additionally, the measure mandates that hospitals, day care facilities, and higher education institutions develop policies outlining how they would handle immigration agents inside their buildings.
The federal government earlier this year reversed a Biden administration policy that forbade immigration arrests in sensitive areas like hospitals, schools, and churches.
Other states have taken similar steps to shield migrants from federal raids.
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Since 2017, California has placed restrictions on immigration enforcement actions in courthouses. According to California Attorney General Rob Bonta, the state is unable to control federal immigration actions, 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 announced a policy in September prohibiting warrantless arrests inside state courts and banning the use of face coverings in judicial buildings, which are frequently worn by ICE officers to conceal their identities.
“Judges, staff, litigants, members of the public, they all must be able to conduct their business in our courthouses without fear of disruption,” Mullins stated.
Other legislation introduced by various local governments and Congress also aims to outlaw face coverings for immigration agents.
The Associated Press contributed to this report.
