SPRINGFIELD, Ill. (WAND) — A bill heading to Gov. JB Pritzker's desk could protect immigrant families from escalating ICE enforcement. The legislation would create safe zones and pathways for people to file lawsuits against law enforcement violating their constitutional rights.
The Illinois Bivens Act would ensure that essential community spaces like hospitals, courthouses, universities and daycare centers remain safe for all residents, regardless of their immigration status. This measure also requires a 1,000-foot safety zone around courthouses, including sidewalks, parkways and nearby streets.
"For some of us, unfortunately, it is a daily occurrence of federal overreach into spaces that in the past we wouldn't have necessarily thought we needed to put certain provisions like this of best practices in place so that people feel safe in these places," said Sen. Omar Aquino (D-Chicago).
The bill would allow people to bring civil actions against law enforcement who violate their constitutional rights while engaging in civil immigration enforcement. That includes civil damages for false imprisonment, $10,000 in statutory damages and potential contempt of court charges. Republicans said this is a step in the wrong direction.
"We gotta get to reality here," said Sen. Chapin Rose (R-Mahomet). "There's gonna be a gut check and reality check. We cannot handcuff our police while letting the bad guys get a 1,000-foot head start."
Sponsors argued the protection is needed as soon as possible, following an ICE raid at a daycare center on Chicago's north side Wednesday. Parents told NBC Chicago that they are horrified their toddlers witnessed the arrest in a classroom.
"Would we stand up to Jim Crow if that was going on today?" asked House Speaker Emanuel "Chris" Welch (D-Hillside). "Would we? Would we speak out against internment camps? Because I got to tell you, I have an internment camp in Broadview, in my district, right now."
Still, GOP leaders said the federal government is supreme under the U.S. Constitution. They stressed that states cannot impose civil liability on federal officers.
"This bill goes too far," said Rep. Patrick Windhorst (R-Metropolis). "It is too broad, and there will be grave consequences to our state if it is adopted."
House Bill 1312 passed out of the Senate on a 40-18 vote. The legislation received a 75-32 vote in the House.
Sponsors said they know the bill will be challenged in court if the governor signs it into law.
More Statehouse Coverage:
Bill requiring new safety, privacy protections for public officials heads to Pritzker's desk
Illinois Senate passes bill banning rent junk fees, House ends session without voting on plan
Illinois home insurance reform plan passes Senate, fails in House
Lawmakers pass $1.5 billion transit plan despite strong downstate opposition
Copyright 2025. WAND TV. All rights reserved.
