SPRINGFIELD, Ill. (AP) — Illinois lawmakers have sent Gov. JB Pritzker legislation prohibiting federal authorities from making immigration arrests near courthouses, but one of the measure’s main sponsors questions its survival against a court challenge.
The proposal, which passed early Friday, also permits lawsuits for individuals who believe their constitutional rights have been breached during civil immigration arrests.
Specifically, it enacts civil damages for false imprisonment for those attending court hearings or acting as witnesses or parties to legal proceedings when faced with arrest. Proponents argue that access to courts is crucial for individuals to seek justice and remedy rights violations.
Democratic Senate President Don Harmon, a lead sponsor, acknowledged the measure’s likely encounter with the judicial system.
“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,” Harmon mentioned. “The federal government can attempt to remove it from state courts to federal courts... but that’s not a reason not to try.”
Pritzker, a Democrat, has indicated his support and will review the plan when it reaches his desk, as stated by spokesperson Matt Hill.
Two weeks prior, the chief judge of Cook County had issued a similar directive. It remains unclear whether the U.S. Department of Homeland Security has adhered to it, as federal officials previously dismissed such measures. Critics highlighted repeated instances of immigration officers detaining individuals irrespective of their legal status.
“No one should have to choose between seeking justice and risking their freedom,” argued co-sponsoring Sen. Celina Villanueva. “Courthouses must be places where individuals can resolve disputes without fear.”
The law, largely approved along party lines, also mandates hospitals, daycare centers, and universities to establish protocols regarding immigration officials in their facilities, aligning with similar actions from other states like California that have worked to protect immigrant rights in judicial settings.
In September, the Connecticut Supreme Court Chief Justice instituted policies prohibiting warrantless arrests inside state courts to ensure that all participants can conduct their business without disruption or fear.
