Gov. JB Pritzker signed legislation Tuesday that bars civil immigration arrests from being made in or near courthouses, and gives residents more leeway to sue federal agents over alleged civil rights violations.
Illinois’ “ICE out” legislation was approved this fall by Democratic state lawmakers in response to the Trump administration’s enhanced immigration enforcement being carried out across the Chicago area.
Republicans roundly opposed the measure, predicting legal challenges over whether the state can block federal action of any sort.
But Pritzker and supporters aiming to stem the fear gripping immigrant communities declared that Illinois, “in the face of cruelty and intimidation, has chosen solidarity and support.”
“The idea that the Trump administration wants to prevent people from attending court, doing their civic duty and protecting public safety just boggles the mind,” Pritzker said before signing the legislation at La Villita Community Church. “With my signature today, we are trying to protect people and institutions that belong here in Illinois. Dropping your kid off at daycare, going to the doctor, attending classes, should not be a life-altering risk.”
The new state law takes effect immediately, prohibiting immigration arrests inside or within 1,000 feet of state courthouses, which have been the sites of deportation operations over the past few months by federal agents from U.S. Immigration and Customs Enforcement as well as Customs and Border Protection.
Department of Homeland Security officials have asserted “nothing in the Constitution prohibits arresting a lawbreaker where you find them.” In an email, Assistant Sec. Tricia McLaughlin said “by signing this law, Pritzker violated the Supremacy Clause… We hope the headlines, social media likes, and fundraising emails he did this for are worth it!”
Federal officials say they’ve made thousands of arrests as part of “Operation Midway Blitz,” which began winding down last month with U.S. Border Patrol Cmdr. Gregory Bovino heading to North Carolina to ramp up enforcement there. Few of those taken into custody have violent criminal records, the Sun-Times has found.
Immigration raids are still happening across the Chicago area, and enforcement could be ramped up even further in the spring, sources have told the Sun-Times.
“Donald Trump, [Homeland Security Sec.] 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,” Pritzker said.
White House spokeswoman Abigail Jackson said if “Pritzker the Slob focused on fixing crime in his own state instead of defending criminal illegal aliens, Illinois residents would be much safer. Cracking down on crime and deporting dangerous criminal illegal aliens should not be a partisan issue, but Democrats suffering from TDS are trying to make it one, all at the expense of the Americans they are elected to serve.”
Illinois’ new law also requires hospitals, day care facilities and public universities to institute plans for how to deal with immigration agents who might show up at their facilities, and it bars them from sharing most residents’ information with federal agents.
It also opens the door to litigation against federal officials who “knowingly violated Constitutional rights during civil immigration enforcement operations.” Higher punitive damages can be sought against officers who fail to identify themselves, deploy tear gas or use some of the other inflammatory tactics that have angered communities this year.
“No one, and I mean, no one is above the law, especially those wearing a badge representing the law,” Pritzker said.
The governor and legislative leaders have acknowledged the law is likely to draw court challenges, which Pritzker took in stride.
“Whenever you enact something that is tough, that is about protecting people, there are going to be people out there who attack it. And no doubt, they have the ability to go to court about it, but I believe this is not just a good law, but a great law,” Pritzker said.