UPDATE: Illinois Governor JB Pritzker has just signed a groundbreaking law, HB 1312, that restricts civil immigration enforcement in public spaces across the state. This urgent legislation, signed on October 24, 2023, empowers individuals to file lawsuits for constitutional violations during immigration enforcement activities, marking a significant shift in how Illinois handles immigration issues.
The new law includes Article 5, known as the Illinois Bivens Act, which allows individuals to sue for violations during immigration enforcement. Courts are mandated to award attorney’s fees to those who prevail, creating a strong incentive for accountability. While qualified immunity can still be claimed by officers, plaintiffs can pursue punitive damages based on certain conditions, such as whether officers were identifiable by facial coverings or lacked body cameras.
In a move to safeguard court participants, Article 10 establishes protections against civil arrests within courthouses and within 1,000 feet of these facilities. Violators of this provision face minimum damages of $10,000 and could be liable for additional compensation for false imprisonment.
Furthermore, Article 15 amends the University of Illinois Hospital Act, requiring all hospitals in the state to formulate policies by March 2026 that govern interactions with immigration enforcement. Hospitals must verify law enforcement credentials and designate legal contacts to protect patient information under HIPAA standards. Failure to comply could result in fines of up to $500 per day.
Article 20 of the law impacts public universities, mandating procedures by January 1, 2026, for processing law enforcement requests and safeguarding students’ immigration status. Similar obligations are placed on licensed day care centers under Article 25. Notably, the law clarifies that it does not prevent compliance with valid judicial warrants or subpoenas.
Governor Pritzker stated, “With my signature today, we are protecting people and institutions that belong here in Illinois. Dropping your kid off at day care, going to the doctor, or attending your classes should not be a life-altering task… Illinois — in the face of cruelty and intimidation — has chosen solidarity and support.”
This legislation arrives amid escalating tensions between state and federal authorities regarding immigration enforcement. In February, the U.S. Department of Justice filed a lawsuit against Illinois, alleging conflicts with federal immigration policies. Additionally, recent court rulings have upheld laws preventing immigration arrests near state courthouses, signaling a judicial backing for the state’s protective measures.
For residents of Illinois, this law represents a crucial step towards ensuring safety and dignity in daily activities, especially for vulnerable populations facing potential intimidation from immigration enforcement. As these new provisions come into effect, the impact on communities will be closely monitored.
Next, stakeholders will watch for implementation of the law’s requirements, particularly those affecting hospitals and educational institutions, as compliance deadlines approach. Share this important development as Illinois sets a precedent in immigration policy reform.
