UPDATE: Illinois Governor JB Pritzker has just signed HB 1312 into law, imposing critical restrictions on immigration enforcement in public venues across the state. This groundbreaking legislation aims to safeguard residents against civil immigration arrests while allowing individuals to sue for constitutional violations during enforcement actions.
The new law, signed on October 10, 2023, introduces the Illinois Bivens Act, granting individuals the right to file lawsuits for violations during immigration enforcement. Courts will now be required to award attorney’s fees to those who prevail in these lawsuits. Although qualified immunity is still applicable, plaintiffs can seek punitive damages based on specific criteria, such as whether officers were wearing facial coverings or failed to use body cameras.
Further bolstering protections, the Court Access, Safety, and Participation Act prohibits civil arrests within courthouses and within 1,000 feet of court facilities. Violators may face statutory damages starting at $10,000 plus additional compensation for false imprisonment.
In a significant move affecting healthcare, the University of Illinois Hospital Act mandates that all state hospitals establish policies governing their interactions with immigration enforcement agents by March 2026. Hospitals must designate legal contacts, verify law enforcement credentials, and ensure patient information remains confidential according to HIPAA standards. Non-compliance could result in fines of up to $500 daily.
Additionally, public universities must implement protocols by January 1, 2026, to review law enforcement requests for campus access while protecting students’ immigration status information. Similar requirements are extended to licensed day care centers.
In a statement, Governor Pritzker emphasized the importance of these protections:
“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 legislative action comes amid ongoing disputes between state and federal authorities over immigration enforcement. In February 2023, the U.S. Department of Justice filed a lawsuit against Illinois, claiming that state laws conflict with federal immigration policies.
As the landscape of immigration enforcement continues to evolve, this new legislation marks a pivotal shift in Illinois, aiming to protect vulnerable communities amid rising tensions and legal challenges. Residents and advocates are urged to stay informed about the implications of this law and how it may affect interactions with immigration enforcement moving forward.
For ongoing updates on this developing story, stay tuned as more details emerge regarding the implementation and impact of HB 1312.