(SPRINGFIELD, IL) – A coalition of legal services, immigrant justice and civil rights, and domestic violence organizations is celebrating the early morning passage of statewide legislation to ban civil arrests in and around Illinois state courthouses. HB1312 extends protections recently enacted by court order in Cook County to all Illinois residents and enables civil penalties for violations of the law.
Lawmakers voted to protect the integrity of the Illinois judicial system by ensuring everyone—litigants, witnesses, victims and all others seeking justice—can safely participate.
The bill was supported by more than 80 diverse organizations, and advocacy was led by the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), The Network: Advocating Against Domestic Violence, Legal Action Chicago, MALDEF (Mexican American Legal Defense and Educational Fund), The Law Office of the Cook County Public Defender, and Latino Policy Forum.
“The administration’s hostile tactics have made locations like courthouses unsafe for immigrants, who deserve to be able to pursue justice in the same way as all other Illinoisans,” said Fred Tsao, Senior Policy Counsel at ICIRR. “The protections in HB1312 are meaningful and significant policy wins for all communities who deserve to seek justice without fear of being abducted on the spot.”
For more than a century, Illinois law has recognized the necessity to protect people appearing at court from civil arrest, knowing that our justice system cannot function if people are afraid to show up.
Despite this history, the federal government has launched an unprecedented enforcement campaign, including at courthouses, that has led to at least 14 Illinois residents being arrested on civil warrants after showing up for court as they are required to do or chose to do. In one incident, the person arrested was merely accompanying a loved one who had a traffic ticket.
"The court's ability to administer justice for Illinois residents is seriously hampered by the Trump administration's aggressive courthouse sweeps," stated MALDEF Legislative Staff Attorney Martín Klein. "This bill would help to ensure that all residents can seek justice without fear, which in turn guarantees that courts can operate efficiently."
This bill does not prevent arrests for violations of criminal law based on either a valid judicial warrant or probable cause to believe a crime was committed.
Often masked, armed and wearing tactical gear better suited for a battlefield than a courtroom, federal immigration agents have caused widespread fear, particularly in immigrant communities, that they risk arrest and deportation for appearing at their own hearings, to support a family member, or seek the court’s protection.
"Domestic violence survivors do not need additional barriers that prevent them accessing legal remedies, like getting an order of protection in civil court," said Amanda Pyron, President and CEO of The Network: Advocating Against Domestic Violence. "HB1312 will ensure survivors can come forward to seek justice and safety from the legal system."
These arrests do nothing to make our communities safer and risk long-term harm to the public trust that the Illinois court system requires to function and administer justice.
Courthouse employees who are essential to maintaining the day-to-day function of the courts have also been harassed and threatened by federal agents conducting civil immigration enforcement, including being questioned about the ethnic makeup of their coworkers and exposed to chemical agents designed for riot control simply by showing up for work.
“I applaud our lawmakers for codifying into law the longstanding practice of banning civil arrests at courthouses in Illinois. Our justice system cannot function if our courts become traps that are used to ensnare and terrorize our clients when they show up to court as they are required to do,” said Cook County Public Defender Sharone R. Mitchell, Jr. “This bill is a victory for protecting the right of all people to be treated equally under the law.”
Federal immigration officials’ refusal to identify themselves and their agency or show a valid judicial warrant during at times chaotic enforcement activities has put the physical safety of all courthouse workers at risk.
As a result of these actions by federal agents, this bill was urgently needed to ensure the continued fair administration of justice in Illinois.
“This bill is timely and necessary,” said Daniel J. Schneider, Of Counsel at Legal Action Chicago. “Codifying this centuries-old protection in the law will make sure parties and witnesses can attend to their legal matters without fear.”
“Federal immigration enforcement has disrupted the ability of Latino and immigrant families to work, go to school, seek medical care, and access justice because of fear that they will be harassed, or worse, unlawfully detained,” said Latino Policy Forum President and CEO, Linda Xóchitl Tortolero. “We applaud the passage of HB1312 because if anyone feels unsafe going to state court, our legal system cannot function, and that impacts all of us.”
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Illinois Coalition for Immigrant and Refugee Rights (ICIRR) builds power with over 100 member and partner organizations representing diverse immigrant and refugee communities. Together the coalition works to win policies to ensure a more equitable society rooted in dignity and respect for all. ICIRR also manages the Family Support Network Hotline at 855-435-7693.
Latino Policy Forum is the only organization in the Chicago area that facilitates the involvement of Latinos at all levels of public decision-making. The Forum conducts analysis to inform, influence and lead. Its goals are to improve education outcomes, advocate for affordable housing, promote just immigration policies, and engage diverse sectors of the community, with an understanding that advancing Latinos advances a shared future. For more information, visit www.latinopolicyforum.org.
The Law Office of the Cook County Public Defender is one of the largest legal defense firms in the United States, with more than 500 attorneys and more than 700 employees overall, representing tens of thousands of cases each year to protect the fundamental rights, liberties and dignity of each person whose case has been entrusted to us.
Legal Action Chicago uses litigation and policy advocacy to improve the quality of life and promote upward mobility for people living in poverty in Cook County and Illinois. Legal Action Chicago works closely with legal aid attorneys, community organizations and nonprofits statewide to identify and address systemic legal barriers to advancement.
Founded in 1968, MALDEF (Mexican American Legal Defense and Educational Fund) is the nation’s leading Latino legal civil rights organization. Often described as the “law firm of the Latino community,” MALDEF promotes social change through advocacy, communications, community education, and litigation in the areas of education, employment, immigrant rights, and political access.
The Network: Advocating Against Domestic Violence is a group of 45 member organizations dedicated to improving the lives of those impacted by gender-based violence through education, public policy and advocacy, and connecting community members with direct service providers. The Network also acts as the administrator of the Illinois Domestic Violence Hotline.