Illinois lawmakers pass bill banning ICE immigration arrests near courthouses
On Friday, Illinois lawmakers passed a significant piece of legislation aimed at safeguarding the rights of immigrants by prohibiting federal agents from making immigration arrests near courthouses. This bill, which reflects a growing trend among states to create safe havens for immigrants, allows individuals to file lawsuits if they believe their constitutional rights were violated during civil immigration arrests. The measure, which received approval largely along party lines, is now awaiting the signature of Democratic Governor JB Pritzker, who has expressed support for the initiative. The legislation stipulates that migrants attending court hearings or acting as witnesses cannot be arrested without the potential for civil damages for false imprisonment, a move intended to ensure that courthouses remain accessible and free from intimidation.
The backdrop to this legislation includes a recent order from a Cook County judge, who expressed concerns that immigration arrests at courthouses create an atmosphere of “fear or obstruction,” deterring migrants from participating in legal proceedings. This sentiment resonates with supporters of the bill, including Democratic state Senator Celina Villanueva, who stated that “no one should have to choose between seeking justice and risking their freedom.” The federal government, however, has countered these efforts by asserting that there are no legal sanctuaries for individuals breaking the law, a stance that reflects the ongoing tension between state and federal immigration policies.
Illinois is not alone in its efforts; similar measures have been enacted in other states like California and Connecticut, which have restricted immigration enforcement actions in courthouses and other sensitive locations. California’s Attorney General Rob Bonta emphasized the responsibility of the state to provide secure access to court facilities for all residents, irrespective of their immigration status. Furthermore, Connecticut’s state Supreme Court recently banned warrantless arrests in state courts, underscoring the importance of ensuring that judicial processes remain uninterrupted. As the landscape of immigration enforcement continues to evolve, Illinois’ new law represents a crucial step in promoting a more inclusive and accessible judicial system, while also highlighting the challenges that lie ahead in the ongoing battle over immigration policy.
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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.
BLUE CITY JUDGE CITES ‘FEAR OR OBSTRUCTION’ IN BLOCKING ICE COURTHOUSE ARRESTS DURING COURT PROCEEDINGS
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.
FEDERAL JUDGE LIMITS ICE ARRESTS WITHOUT WARRANT, PROBABLE CAUSE
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.
“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.
Eric
Eric is a seasoned journalist covering US Politics news.
