Illinois lawmakers passed a bill on Friday prohibiting federal agents from making immigration arrests near courthouses. (Christopher Dilts/Getty Images)
Supporters of the bill say courts must be accessible to everyone to seek resolutions to violations of their rights, but even one of the measure's top sponsors acknowledges it will face an uphill battle in court.
"It’s not just about the constitutionality of the law, which I think is sound, but it’s the reality that the courts are stacked against us," Democrat Senate President Don Harmon said. "The federal government can try to remove it from state courts to federal courts. They can try to substitute the government itself for the individual defendants, but that’s not a reason not to try."
Earlier this month, a judge in Cook County, which includes Chicago, issued an order blocking immigration arrests at county courthouses, citing concerns about "fear or obstruction" while migrants attend court proceedings. The order prohibits immigration authorities from making civil arrests of any "party, witness, or potential witness" during court appearances.
The federal government, however, contended that "there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law."
The legislation, approved largely along party lines, was sent to Democrat Gov. JB Pritzker's desk. (Anna Moneymaker/Getty Images)
California has restricted immigration enforcement action in courthouses since 2017. California Attorney General Rob Bonta said the state cannot control federal immigration action, but "the state has a responsibility to provide safe and secure access to court facilities to all residents regardless of immigration status."
In Connecticut, state Supreme Court Chief Justice Raheem Mullins issued a policy in September banning warrantless arrests inside state courts, and prohibited the use of face coverings, often worn by ICE officers to shield their identities, in judicial buildings.
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"Judges, staff, litigants, members of the public, they all must be able to conduct their business in our courthouses without fear of disruption," Mullins said.
Other bills introduced by various local governments and Congress also seek to ban face coverings for immigration agents.
The Associated Press contributed to this report.
https://www.foxnews.com/politics/illinois-lawmakers-pass-bill-banning-ice-immigration-arrests-near-courthouses