CHICAGO, IL – Illinois Gov. J.B. Pritzker signed into law the Court Access, Safety, and Participation Act, which prevents immigration officers and others from making civil arrests at courthouses in the state.
The bill was sponsored by Speaker of the Illinois House of Representatives Emanuel Chris Welch, President of the Illinois Senate Don Harmon, State Representative Norma Hernandez and State Senator Celina Villanueva. The bill was supported by more than 80 diverse organizations, and advocacy was led by MALDEF (Mexican American Legal Defense and Educational Fund), the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), The Network: Advocating Against Domestic Violence, Legal Action Chicago, The Law Office of the Cook County Public Defender, and Latino Policy Forum. The new law prohibits civil arrests, including immigration arrests made without a judicial order, from taking place inside, on the way to, or returning from any Illinois courthouse. It ensures that litigants, witnesses, victims, and others seeking justice through the courts can safely attend proceedings without fear of harassment, detention, or deportation.
“States have well-established powers to ensure access to the courts,” said Hector Villagra, MALDEF vice president of policy advocacy and community education. “Illinois has declared that its courthouses must remain open and accessible to all. The administration of justice is undermined when victims are discouraged from asserting their rights and witnesses from coming forward.”
An unprecedented increase in civil immigration enforcement actions in and around Illinois courthouses prompted the law's passage. Since January, at least 14 Illinois residents have been detained or harassed by federal agents near courthouses in Cook, Will, and Kane counties.
“For over a century, Illinois courts have protected individuals involved in court proceedings from arrests for civil matters while travelling to or from and at the courthouse, because these arrests impair the court’s ability to administer justice for the residents of the State,” said Martín Klein, MALDEF legislative staff attorney in Chicago. “This law ensures that the courts can function effectively in finding justice, and all the residents of Illinois can seek justice without fear.”
The newly enacted law also allows individuals unlawfully detained to file a civil action. The act does not restrict law enforcement from making arrests under judicial warrants or orders or for violations of criminal law and does not apply to any federal or immigration courts. Those who violate the act may be held liable for civil damages for false imprisonment and may be found in contempt of court. Individuals affected by violations are entitled to recover statutory damages of $10,000, along with actual damages, and courts may grant additional equitable or declaratory relief as appropriate.
The Court Access, Safety, and Participation Act takes effect upon becoming law. Sponsors and proponents of the law say its passage ensures that everyone can safely access the courts and participate in the justice system without fear.