Illinois lawmakers have passed a bill to prohibit federal immigration arrests near courthouses and allow civil lawsuits for constitutional rights violations. The legislation, which was largely approved along party lines, sends the measure to Governor JB Pritzker’s desk for review. The bill allows for civil damages in cases of false imprisonment when migrants are arrested during court proceedings.
Supporters of the bill argue that courts should be accessible to everyone to seek resolutions to violations of their rights, though 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,’ said Democrat Senate President Don Harmon. ‘The federal government can try to remove it from state courts to federal courts. They can try, 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, contends 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.