Illinois lawmakers approve statewide ban on illegal alien arrests in vicinity of courthouses
A lead sponsor of the bill admits it may not withstand a court challenge
Illinois lawmakers have passed a bill prohibiting federal law enforcement from arresting illegal immigrants in or around courthouses, setting up a potential legal showdown with the Trump administration.
The statewide legislation, which extends protections previously enacted in Cook County, home to Chicago, also allows for civil penalties for violations of the law. Anyone who breaches the law could be held liable for false imprisonment and fined $10,000.
Though the original bill was introduced to establish POW/MIA Recognition Day, it was later amended in the Senate to create the Illinois Bivens Act, which offers broad protections for immigrants against U.S. Immigration and Customs Enforcement (ICE).
The bill, which cleared the Illinois Senate 40-18, also amended several other laws to require schools, hospitals and day care centers to establish policies explaining how they will handle encounters with immigration agents. The legislation now heads to the governor for signature.
Though the bill was celebrated by over 80 advocacy organizations, Democrat State Sen. Don Harmon said it may not withstand legal challenges.
“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 said, according to The Associated Press. “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.”
A spokesperson for Democratic Gov. J.B. Pritzker said he supports the idea and will evaluate the bill when it hits his desk, AP reported.