U.S. Department of Justice sues Illinois Gov. Pritzker over state law restricting immigration arrests

U.S. DOJ sues Pritzker, Raoul over Illinois law on immigration enforcement

The U.S. Department of Justice is suing Illinois Gov. JB Pritzker and Attorney General Kwame Raoul over a state law restricting immigration arrests.

The recently signed Illinois Bivens Act (HB 1312) bans civil immigration arrests at courthouses, and allows people to file civil lawsuits if they believe federal agents have violated their constitutional rights.

The Justice Department said states may not limit the work done by the federal government. The DOJ also said the Bivens Act threatens the safety of federal officers.

"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," Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division said in a news release.

In signing the act on Tuesday, Dec. 9, Pritzker said the state was "protecting people and institutions that belong here in Illinois."

"Dropping your kid off at day care, going to the doctor, or attending your classes should not be a life-altering task," Pritzker said in part in a news release. "Illinois — in the face of cruelty and intimidation — has chosen solidarity and support."

Thousands of people were arrested and detained by U.S. Immigration Customs Enforcement and Customs and Border Protection agents during two and a half months of heightened enforcement action the Trump administration dubbed Operation Midway Blitz.  

Pritzker is using a newly formed commission to document laws broken by federal agents during the operation.

The goal, state officials said, is holding federal agents accountable for their actions — even if it happens years down the road.

Pritzker also announced plans to create a public record.

The DOJ said the state's moves threaten federal officers with "ruinous liability and even punitive damages for executing federal law and for simply protecting their identities and their families."

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