SPRINGFIELD, Ill. (AP) — A newly passed bill by Illinois lawmakers aims to prohibit federal authorities from carrying out immigration arrests near courthouses. The legislation also empowers individuals to file lawsuits if they believe their constitutional rights have been infringed during civil immigration arrests.
The measure includes provisions for civil damages in cases of false imprisonment for individuals attending court proceedings as parties or witnesses, championing the notion that courts need to be accessible for everyone seeking justice.
Democratic Senate President Don Harmon, one of the main sponsors of the bill, has acknowledged the potential for a court challenge against it. In his words, '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.' He indicated that federal entities might shift challenges to state courts into federal courts. Nevertheless, he noted that this uncertainty should not deter efforts to pass the legislation.
Governor JB Pritzker, a Democrat, is expected to review the legislation upon its arrival at his desk, as his spokesperson indicated support for the initiative.
This legislation arises from increasing concerns regarding the impact of federal immigration enforcement actions that have reportedly intimidated individuals attending court, escalating fears that these legal venues are unsafe for immigrants. Sen. Celina Villanueva, another co-sponsor, asserted, 'No one should have to choose between seeking justice and risking their freedom.' She emphasized the importance of courthouses as places for resolving disputes without the fear of intimidation.
The Illinois bill reflects a broader trend in various states taking steps to protect immigrants and ensure access to legal institutions. Similar policies, including those barring warrantless arrests inside courts, have been established in Connecticut, and California has long provided guidelines to protect immigrants in court environments. These efforts highlight a growing alignment among states in advocating more inclusive and protective measures for vulnerable populations within the legal system.
The measure includes provisions for civil damages in cases of false imprisonment for individuals attending court proceedings as parties or witnesses, championing the notion that courts need to be accessible for everyone seeking justice.
Democratic Senate President Don Harmon, one of the main sponsors of the bill, has acknowledged the potential for a court challenge against it. In his words, '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.' He indicated that federal entities might shift challenges to state courts into federal courts. Nevertheless, he noted that this uncertainty should not deter efforts to pass the legislation.
Governor JB Pritzker, a Democrat, is expected to review the legislation upon its arrival at his desk, as his spokesperson indicated support for the initiative.
This legislation arises from increasing concerns regarding the impact of federal immigration enforcement actions that have reportedly intimidated individuals attending court, escalating fears that these legal venues are unsafe for immigrants. Sen. Celina Villanueva, another co-sponsor, asserted, 'No one should have to choose between seeking justice and risking their freedom.' She emphasized the importance of courthouses as places for resolving disputes without the fear of intimidation.
The Illinois bill reflects a broader trend in various states taking steps to protect immigrants and ensure access to legal institutions. Similar policies, including those barring warrantless arrests inside courts, have been established in Connecticut, and California has long provided guidelines to protect immigrants in court environments. These efforts highlight a growing alignment among states in advocating more inclusive and protective measures for vulnerable populations within the legal system.
