The Trump administration has sued Illinois Governor JB Pritzker after he signed a law that restricts immigration enforcement near courthouses and allows ICE officers to be sued more easily.
The Department of Justice (DOJ) filed a lawsuit against Pritzker and Illinois Attorney General Kwame Raoul, challenging their attempt to regulate federal law enforcement officers through the “Illinois Bivens Act” and “Court Access, Safety, and Participation Act.”
The DOJ said that the laws are illegal attempts to regulate and discriminate against the federal government while also threatening the safety of federal officers who have “faced an unprecedented wave of harassment, doxxing, and even violence.”
“The Department of Justice will steadfastly protect law enforcement from unconstitutional state laws like Illinois’ that threaten massive punitive liability and compromise the safety of our officers,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division.
“Unfortunately, Illinois politicians prefer to attack law enforcement with lawsuits and punitive damages rather than support ICE’s Criminal Alien Program, which prioritizes the safe removal of dangerous criminal aliens like murderers, child rapists, and other serious offenders,” said U.S. Attorney Steven D. Weinhoeft for the Southern District of Illinois.
“Courthouse arrests are only necessary in the first place because Illinois refuses to honor federal detainers at the jails and prisons, instead preferring to release criminals back into our communities,” Weinhoeft said.
Last month, Pritzker joined bill sponsors, officials and community advocates in Chicago’s Little Village on December 9 to sign House Bill 1312.
The “pivotal legislation enshrines protections” for immigrant families in Illinois in the wake of the Trump Administration’s “lawless and aggressive” immigration enforcement actions, according to the governor’s office.
“With my signature today, we are protecting people and institutions that belong here in Illinois. Dropping your kid off at day care, going to the doctor, or attending your classes should not be a life-altering task,” Pritzker said.
“Illinois — in the face of cruelty and intimidation — has chosen solidarity and support. Donald Trump, Kristi Noem, and Gregory Bovino have tried to appeal to our lesser instincts. But the best of us are standing up to the worst of them,” he said.
HB 1312 aims to ensure immigrants and others impacted by federal immigration actions in Illinois can safely attend court hearings, protect their health information, join university communities and access childcare for their families “without fear of aggressive civil immigration enforcement actions.”
It also outlines steps to provide legal recourse for people harmed by law enforcement agents who knowingly violated Constitutional rights during civil immigration enforcement operations.
“In the face of federal agents causing fear and uncertainty in our communities, the people of Illinois have stood together in solidarity,” Illinois Lieutenant Governor Juliana Stratton said.
“This legislation strengthens protections at critical locations, from day care centers to courthouses, ensuring these spaces remain safe for families and communities. We continue to stand with those who peacefully raise their voice to protect their neighbors,” Stratton said.
The bill includes the Illinois Bivens Act, which aims to “hold federal immigration enforcement accountable” by allowing for civil legal action against any law enforcement officer who knowingly violates the Illinois or United States Constitution.
The bill also creates the Court Access, Safety, and Participation Act, which prohibits the civil arrest of anyone in and around courthouses who are attending certain state court proceedings.
The act allows for civil damages for false imprisonment, including statutory damages of $10,000 if the officer knew or should have known the person arrested was attending a state court proceeding.
HB 1312 creates the Health Care Sanctity & Privacy Law, preventing the unlawful release of protected health information.
It requires all general acute care hospitals to implement a policy regarding interactions with law enforcement agents by January 1, 2026, and all other hospitals by March 1, 2026.
HB 1312 amends the Public Higher Education Act, barring schools from taking certain actions regarding the “actual or perceived” immigration status of students, employees or those associated with them unless required by law.
It requires Illinois schools to submit procedures for approving requests from law enforcement agents attempting to enter campus by January 1, 2026.
HB 1312 also amends the Child Care Act by prohibiting daycare centers from sharing the “actual or perceived” immigration status of a child or associated person unless required by law.
It requires licensed daycare centers to adopt a plan of action for interacting with enforcement agents and notifying parents if an agent requests a child’s personally identifiable information by January 1, 2026.
The governor’s office said the Trump Administration has “abandoned Constitutional principles” and “wreaked havoc” on Illinois communities at places like hospitals, school campuses and daycares.
“Every one of us has read about the consequential moments of our history and wondered what we would do. Would we stand up to Jim Crow? Would we speak out against the internment camps? Would we stand between our neighbors and the SS? We’re facing another one of those consequential moments right now, and this law shows what we will do,” House Speaker Chris Welch said.
“In Illinois, we will stand up for the rights of every person. We will stand up for our neighbors and our communities. We will stand up to racial profiling, to reckless hate, and to tyranny. We will stand together in this moment and the moments still to come, and we will make sure Illinois is always on the right side of history,” Welch added.
HB 1312 went into law immediately upon Pritzker signing it earlier this month.