Illinois Legislation Aims to Protect Immigrants in Courthouses

Sat Nov 01 2025 05:45:20 GMT+0200 (Eastern European Standard Time)

Illinois lawmakers have introduced new legislation to prohibit federal immigration arrests near courthouses, aiming to ensure access to justice for all individuals regardless of their immigration status.

The Illinois General Assembly has passed a bill that restricts federal immigration authorities from making arrests near courthouses. This legislation allows individuals to sue for civil damages if their rights are violated during such arrests, promoting a more accessible judicial system. However, some lawmakers raise concerns about its potential constitutionality and anticipate court challenges. The bill highlights ongoing debates about immigration enforcement and access to justice in court facilities.

SPRINGFIELD, Ill. — Illinois lawmakers are taking a significant step toward protecting immigrants by passing legislation that prohibits federal authorities from making immigration arrests near courthouses. This move aims to enhance access to the judicial system for all individuals, regardless of their immigration status.

The new law, which passed early Friday, allows individuals who believe their constitutional rights have been violated during civil immigration arrests to pursue legal action. It also imposes civil damages for false imprisonment on those who are arrested while attending court hearings as parties or witnesses.

Democratic Senate President Don Harmon, a primary sponsor of the bill, acknowledges the potential legal hurdles the measure may face, including challenges regarding its constitutionality. The federal government can attempt to remove it from state courts to federal courts, Harmon noted. Nevertheless, that’s not a reason to refrain from trying.

Governor JB Pritzker has expressed support for the legislation, with his spokesperson confirming that he will review the plan once it arrives on his desk.

Just two weeks prior, Cook County's chief judge issued a similar order to prohibit immigration arrests near courthouses. However, reports suggest that the U.S. Department of Homeland Security may not be adhering to this directive, with officials contending there are no legal sanctuaries for those who have violated the law.

In response to the ongoing immigration enforcement policy from the Trump administration, advocates like Senator Celina Villanueva stress the importance of ensuring that courthouses remain accessible to everyone without the fear of detention. She emphasized, No one should have to choose between seeking justice and risking their freedom.

Alongside its focus on courthouse safety, the legislation mandates that hospitals and educational institutions create policies regarding immigration agents operating in their facilities. The bill reflects a growing trend among states working to safeguard immigrant rights, following similar actions taken in California and Connecticut.

As debates surrounding immigration enforcement continue, this legislation represents a concerted effort to balance public safety and access to justice for all residents of Illinois.