Illinois Bill Seeks to Block Courthouse Immigration Arrests — A Republican Take
- State lawmakers moved to limit federal civil immigration arrests at courthouses.
- The bill creates a private right to sue and potential damages for affected court participants.
- Supporters say courthouses must be safe; opponents warn it undermines federal enforcement and public safety.
Illinois lawmakers passed a bill on Friday prohibiting federal agents from making immigration arrests near courthouses. The move was approved largely along party lines and immediately drew fire for stepping into an area traditionally handled by the federal government. From a Republican view, this is a risky state power grab that could hamper law enforcement and public safety.
The measure also allows lawsuits when people believe their constitutional rights were violated during civil immigration arrests. It creates a path for civil damages, including claims for false imprisonment when a migrant attending a court hearing or appearing as a party or witness is arrested. That legal exposure could chill cooperation with courts and make courthouse security more complicated.
The legislation was sent to Democrat Gov. JB Pritzker’s desk; his office said he supports the idea and will review the proposal when it reaches his desk. Supporters argue the goal is to preserve access to justice, but critics worry about conflicting jurisdiction with federal authorities. Republicans rightly ask whether states can safely pick this fight without eroding rule of law.
One sponsor conceded the legal hurdles ahead, telling reporters, “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. 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.” That recognition of likely federal challenges underlines the clash here.
Earlier this month, a judge in Cook County issued an order blocking immigration arrests at county courthouses, citing concerns about “fear or obstruction” while migrants attend court proceedings. The order bars civil arrests of any “party, witness, or potential witness” during court appearances, and that order has already forced practical changes on the ground. Republicans see this as a slippery slope toward sanctuary policies inside courthouses.
The federal government responded bluntly, saying “there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law.” That reflects a core Republican principle: enforcing immigration laws is part of preserving public safety and the integrity of our borders. At the same time, witnesses have reported numerous incidents of Immigration and Customs Enforcement detaining people regardless of citizenship or legal status, which complicates the debate.
“No one should have to choose between seeking justice and risking their freedom,” said Democrat state Sen. Celina Villanueva, who is co-sponsoring the bill. Her point about access to courts is valid, but Republicans argue the right fix is to coordinate with federal authorities—not to block them outright. The bill also requires hospitals, day care centers and higher education institutions to create policies for how to handle immigration agents inside their facilities.
Earlier this year, the federal government reversed a Biden administration policy that had limited immigration arrests in sensitive locations like hospitals, schools and churches. Other states have tried similar protections, sometimes prompting court fights and federal pushback.
California has restricted immigration enforcement action in courthouses since 2017, and officials there defend those rules by saying the state cannot control federal action but can secure access to courts. California Attorney General Rob Bonta said the state cannot control federal immigration action, but “the state has a responsibility to provide safe and secure access to court facilities to all residents regardless of immigration status.” In Connecticut, a state policy banned warrantless arrests inside courts and even limited face coverings by officers to protect transparency.
“Judges, staff, litigants, members of the public, they all must be able to conduct their business in our courthouses without fear of disruption,” Mullins said. Other bills around the country seek measures like a ban on face coverings for immigration agents, as some local lawmakers push their own solutions via legislation. Other proposals aim to increase transparency while states test the limits of their authority.
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