Pritzker Poised to Sign Bill Shielding Immigrants at Courthouses, Despite Legal Risks

SPRINGFIELD, Ill. — Illinois lawmakers have passed a bill aimed at shielding immigrants from federal enforcement near courthouses — a move supporters call essential for justice access, but one even its backers admit could face steep legal challenges.

The legislation, approved early Friday, now heads to Governor JB Pritzker’s desk for signature. It would prohibit federal immigration authorities from making civil arrests in or around state courthouses and allow individuals to sue if they believe their constitutional rights were violated during such arrests.

The measure also establishes civil penalties for false imprisonment, applying to situations where someone attending a court hearing — as a party, witness, or observer — is detained by immigration officials. Supporters argue the policy ensures that everyone, regardless of immigration status, can safely participate in the legal system without fear of arrest.
Illinois bill to ban immigration arrests near courthouses sent to Pritzker | AP News

“This is about protecting access to justice,” said Senate President Don Harmon, a chief sponsor of the bill. “People should not have to fear deportation simply for appearing in court to exercise their rights.”

However, Harmon also acknowledged that the law’s future is uncertain. “It’s not just about the constitutionality of the law, which I think is sound,” he said. “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.”

Legal experts predict the measure will likely face federal preemption challenges, as immigration enforcement is traditionally under federal jurisdiction. Similar state efforts — in places like California and New York — have drawn lawsuits arguing that such restrictions unlawfully interfere with federal operations.

If signed into law, the Illinois bill would make the state one of the few to formally limit cooperation with federal immigration enforcement in judicial settings. The move aligns with the Pritzker administration’s broader efforts to expand protections for undocumented residents and affirm Illinois as a so-called “welcoming state.”

Immigrant rights groups praised the bill, saying it could prevent the chilling effect that immigration arrests near courthouses have on victims and witnesses of crime. “When people are afraid to go to court, justice fails everyone,” said a representative from the Illinois Coalition for Immigrant and Refugee Rights (ICIRR).

The legislation comes amid heightened tensions between federal immigration authorities and states that have enacted sanctuary-style policies. The Biden administration had previously reduced courthouse arrests, but under President Trump’s reinstated immigration directives, such operations have become more common again.

Governor Pritzker, a Democrat who has consistently supported immigrant protections, is expected to sign the bill, though no timeline has been given.

If enacted, the law could immediately face legal challenges from federal authorities — setting up another showdown over states’ rights and immigration enforcement.

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