DOJ Sues Illinois Governor, Attorney General Over State Immigration Laws

The Department of Justice (DOJ) is suing Illinois Gov. JB Pritzker and Attorney General Kwame Raoul over two new immigration laws passed in the state this year, a Dec. 22 statement said.

The DOJ accuses the laws, the Illinois Bivens Act and Court Access, Safety, and Participation Act, of threatening the safety of federal officers trying to enforce immigration laws. The lawsuit filed on Dec. 22 is the latest in what has become a series of legal actions brought by the DOJ against states with policies that hinder federal law enforcement, according to the statement.

The Illinois Bivens Act was passed in late October and immediately took effect upon its passage. The legislation authorizes residents to bring civil lawsuits against any person, including federal officers, enforcing immigration laws in Illinois courts, hospitals, schools, and child care centers if the U.S. or state constitution is violated.

The act also outlines criteria for determining punitive damages that could be awarded.

The Court Access, Safety, and Participation Act was signed into law earlier this month. It prevents federal law enforcement officers from making arrests on the inside, on the way to, or returning from any Illinois courthouse. The legislation, like the Illinois Bivens Act, states that officers in violation of it may be held liable for civil damages.

The DOJ argued that these laws are not only illegal but also attempt to regulate, discriminate, and threaten federal officers already facing an “unprecedented wave of harassment, doxxing, and even violence,” the DOJ stated.

“Unfortunately, Illinois politicians prefer to attack law enforcement with lawsuits and punitive damages rather than support [Immigration and Customs Enforcement’s] Criminal Alien Program, which prioritizes the safe removal of dangerous criminal aliens like murderers, child rapists, and other serious offenders,” U.S. Attorney Steven Weinhoeft of the Southern District of Illinois said.

Courthouse arrests of individuals are necessary because Illinois does not honor federal detainers and instead releases alleged criminals back into the community, according to Weinhoeft.

President Donald Trump has ramped up immigration enforcement operations across several U.S. cities since taking office earlier this year. In less than three months, 4,200 illegal immigrants were arrested in Chicago as part of an initiative by the Department of Homeland Security called Operation Midway Blitz, which started in September.

DHS previously said Chicago was specifically targeted because criminal illegal immigrants who flocked to the city knew that “Governor Pritzker and his sanctuary policies would protect them and allow them to roam free on American streets.”

On Attorney General Pam Bondi’s first day on the job, she instructed the DOJ to identify state and local laws that facilitate violations of federal laws or obstruct federal operations.

The lawsuit filed on Dec. 22 against Pritzker and Raoul joins a list of other legal actions by the DOJ, including against California, New Jersey, and New York, targeting state-level policies that the agency said hinder federal law enforcement.