The Department of Justice announced Tuesday that it has sued Illinois Gov. JB Pritzker and state Attorney General Kwame Raoul, arguing that two new state laws unconstitutionally interfere with federal immigration enforcement and expose federal officers to sweeping civil liability.
In a statement announcing the case, DOJ targeted the Illinois Bivens Act and the Court Access, Safety, and Participation Act, describing them as illegal efforts to "regulate and discriminate against the federal government" by creating new causes of action and allowing punitive damages against federal officers.
Assistant Attorney General Brett A. Shumate of DOJ's Civil Division said in a statement, "The Department of Justice will steadfastly protect law enforcement from unconstitutional state laws like Illinois' that threaten massive punitive liability and compromise the safety of our officers."
DOJ said the measures could chill enforcement by threatening "ruinous liability" for agents carrying out federal duties and for steps taken to protect their identities and families, citing what it characterized as an "unprecedented wave" of harassment and doxing.
Illinois officials and advocates have defended the laws as necessary safeguards in "sensitive locations."
The package signed earlier this month restricts civil immigration arrests in and around state courthouses and requires certain institutions, such as hospitals, day care centers, and public universities, to adopt procedures addressing civil immigration activity and protecting personal data.
"Unfortunately, Illinois politicians prefer to attack law enforcement with lawsuits and punitive damages rather than support ICE's Criminal Alien Program, which prioritizes the safe removal of dangerous criminal aliens like murderers, child rapists, and other serious offenders," said Steven D. Weinhoeft, U.S. attorney for the Southern District of Illinois.
"Courthouse arrests are only necessary in the first place because Illinois refuses to honor federal detainers at the jails and prisons, instead preferring to release criminals back into our communities," he added.
The lawsuit is the latest flash point in a wider federal-state clash over enforcement of immigration law.
DOJ framed the case as part of Attorney General Pam Bondi's broader directive to challenge state and local policies that it says impede federal operations.
Illinois leaders, however, that have argued the measures are meant to ensure residents can access courts and essential services without fear of civil immigration arrest.
James Morley III ✉
James Morley III is a writer with more than two decades of experience in entertainment, travel, technology, and science and nature.
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