BREAKING: Illinois has officially restricted civil immigration arrests in public venues, following the signing of HB 1312 by Governor JB Pritzker on Tuesday. This groundbreaking law introduces significant protections for individuals, allowing them to sue for constitutional violations amid immigration enforcement activities, and mandates new regulations for hospitals and educational institutions statewide.
This legislation, effective immediately, empowers individuals to seek legal recourse if their constitutional rights are violated during immigration enforcement actions. Notably, courts must award attorney’s fees to prevailing plaintiffs, enhancing the accountability of immigration officers. The law also introduces a provision for punitive damages in cases where officers fail to use body cameras or conceal their identities with facial coverings.
Under Article 10, dubbed the Court Access, Safety, and Participation Act, civil arrests are prohibited within courthouses and within 1,000 feet of court facilities. Violators face a minimum penalty of $10,000 for each infraction, emphasizing the state’s commitment to protecting legal participants such as witnesses and defendants.
In an impactful move, Article 15 amends the University of Illinois Hospital Act, mandating hospitals to establish protocols by March 2026 for interacting with immigration enforcement. Hospitals must designate legal contacts, confirm law enforcement credentials, and uphold patient privacy in compliance with HIPAA regulations. Non-compliance could lead to daily fines of up to $500.
Similarly, Article 20 revises the Public Higher Education Act, requiring public universities to implement oversight procedures by January 1, 2026 for reviewing campus law enforcement access requests. This is part of a broader effort to protect the immigration status of students.
In a powerful statement, Governor Pritzker declared, “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.” His words reflect a strong message of solidarity amidst national debates over immigration policy.
This new law arrives during a contentious period marked by ongoing disputes between state and federal immigration enforcement policies. Just last month, the U.S. Department of Justice filed a lawsuit against Illinois, claiming the state’s laws conflict with federal immigration regulations, challenging preemption principles.
Earlier in November, a federal judge in New York upheld a law that prohibits immigration enforcement from making arrests at or near state courthouses, reinforcing the legal barriers against aggressive immigration tactics. Furthermore, a preliminary injunction granted by a federal judge in D.C. blocked the Department of Homeland Security from enforcing its policy of warrantless civil immigration arrests without probable cause.
As this situation develops, residents and advocates across Illinois are encouraged to stay informed about their rights under this new law. The implications of HB 1312 are significant, promising a shift in how immigration enforcement operates in public spaces, and fostering a sense of security among vulnerable populations.
For ongoing updates on this urgent issue, stay tuned as we continue to monitor developments in Illinois and beyond.
