SPRINGFIELD, Ill. – Illinois lawmakers have passed a bill that prohibits federal immigration arrests near courthouses, aiming to ensure migrants can safely attend court proceedings without fear of detention.
The measure, approved largely along party lines on Friday, also allows lawsuits for individuals who believe their constitutional rights were violated during civil immigration arrests. It now heads to Democratic Gov. JB Pritzker’s desk, and his office said he supports the concept and will review it once it arrives.
Under the bill, civil damages for false imprisonment could be imposed if a migrant attending court as a party, witness, or observer is detained by federal agents.
Supporters argue that the legislation protects access to justice, ensuring people can appear in court to resolve disputes or testify without fear. “No one should have to choose between seeking justice and risking their freedom,” said State Sen. Celina Villanueva, a co-sponsor of the bill.
However, Senate President Don Harmon acknowledged that the law could face a legal challenge. “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 said. “The federal government can try to remove it from state courts to federal courts… but that’s not a reason not to try.”
Earlier this month, a Cook County judge issued a similar court order blocking immigration arrests at county courthouses, citing concerns that fear of arrest could prevent migrants from attending hearings. The order bans immigration authorities from making civil arrests of any party, witness, or potential witness during court appearances.
Federal officials, however, pushed back, saying “there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law.”
The bill also directs hospitals, day care centers, and colleges to adopt policies outlining how they will handle encounters with immigration agents inside their facilities.
Illinois joins several states taking steps to limit federal immigration enforcement at sensitive locations. California, for instance, has restricted such actions in courthouses since 2017, while Connecticut recently banned warrantless arrests inside state courts and prohibited ICE officers from wearing face coverings in judicial buildings.
“Judges, staff, litigants, members of the public — they all must be able to conduct their business in our courthouses without fear of disruption,” said Connecticut Chief Justice Raheem Mullins.
The new Illinois bill reflects growing state efforts to balance public safety with immigrant protections, amid shifting federal policies on immigration enforcement.
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