(The Center Square) – Gov. J.B. Pritzker says a new law to protect people from federal immigration law enforcement in Illinois is a great one, despite ethical questions about campaign donations to the bill sponsors and private right of action.
Pritzker signed House Bill 1312 Tuesday at La Villita Community Church in Chicago’s Little Village neighborhood.
The governor said the measure would provide a measure of legal protections and send a message to President Donald Trump and members of his administration.
“This legislation that I’m signing today will allow for a civil lawsuit against law enforcement officers who violate the Illinois or United States constitutional rights of the members of the public that they are supposed to be protecting,” Pritzker said.
According to Illinois Sunshine, the Illinois Trial Lawyers Association’s political action committee donated $25,000 to Illinois House Speaker Emanuel “Chris” Welch’s campaign fund on June 16. ITLA PAC then gave $25,000 to state Senate President Don Harmon’s campaign July 14.
Also last summer, ITLA PAC gave $25,000 each to the Democratic Party of Illinois, Democrats for the Illinois House and ISDF, the campaign fund to elect Democrats to the Illinois Senate.
The Center Square asked Pritzker about the bill’s ethics at Tuesday’s event.
“Let’s step back and remember the purpose of this legislation, which is to protect the people of Illinois from the onslaught of these federal agents who have every intention of breaking not only federal law but constitutional law,” Pritzker answered.
The governor said many attorneys looked at the language of the legislation, adding that the bill was done with good intentions, but some people would attack it.
“No doubt they have the ability to go to court over it, but I believe this is not just a good law but a great law,” the governor said.
HB 1312 was originally filed Jan. 14, 2025, as a bill to amend the State Commemorative Dates Act regarding prisoners of war and missing in action, or POW/MIA Recognition Day, but the Senate removed and replaced the language with the immigration and litigation-related provisions in final hours of fall veto session in October.
The new law includes several measures. The Court Access, Safety, and Participation Act prohibits the civil arrest of anyone in and around courthouses who are attending certain state court proceedings. The provision opens the door to civil damages for false imprisonment, including statutory damages of $10,000 if the person knew or should have known the person arrested was attending a state court proceeding.
The Health Care Sanctity and Privacy Law aims to prevent the unlawful release of protected health information and requires all general acute care hospitals to implement a policy regarding interactions with law enforcement agents by Jan. 1, 2026. All other hospitals must comply by March 1, 2026.
HB 1312 amends the Public Higher Education Act, barring schools from taking certain actions regarding the actual or perceived immigration status of students, employees, or those associated with them, unless required by law and requires Illinois schools to submit procedures for approving requests from law enforcement agents attempting to enter campus by Jan. 1, 2026.
The Child Care Act portion of the bill bans daycare centers from sharing the actual or perceived immigration status of a child or associated person, unless required by law. The measure also requires the Illinois Department of Children and Family Services and the Illinois Department of Early Childhood to provide know-your-rights materials, preparedness plans, and other resources to families online. It also compels licensed day care centers to adopt a plan of action for interacting with enforcement agents and notifying parents if an agent requests a child’s personally identifiable information by Jan. 1, 2026.
The governor was asked if the law might expose immigrant daycare operators to lawsuits.
“I can’t speak to the particular provision you’re talking about, but whenever you enact something that is tough, that is about protecting people, there are going to be people out there who attack it,” Pritzker responded.
Welch and Harmon joined the governor for Tuesday’s press conference.
“No mask puts anyone above the Constitution,” Harmon said.
Welch said he spoke on the House floor in October and asked colleagues if they would stand up if they were back in the Jim Crow days or if they would stand up and speak out against internment camps during the Holocaust.
“Would we stand between our neighbors and the SS?” Welch asked, adding that he was proud to live in Illinois.
State Sen. Omar Aquino, D-Chicago, accused the federal government of committing “terrorism” against communities. Aquino blasted Republicans who voted against HB 1312.
“This is time for everyone to speak up, including those on the other side. Those that say, ‘Don’t tread on me,’ The government’s treading, my friend,” Aquino said.
Before the bill passed in the early hours of Halloween at the end of veto session, the Illinois House Republican floor leader, state Rep. Patrick Windhorst, R-Metropolis, warned Democrats that a federal court could find at least part of the law unconstitutional.
“The ability for us as a state to impose civil liability on federal officers is highly dubious,” Windhorst said.
The bill signing happened one day after U.S. Immigration and Customs Enforcement Director Todd Lyons called on Illinois Attorney General Kwame Raoul to honor ICE arrest detainers of what Lyons said are “more than 4,000 criminal illegal aliens in the state’s custody.”
Lyons said crimes of the individuals with detainers include 51 homicides, 1,134 assaults and 813 sexual predatory offenses.
The ICE director said Illinois’ failure to honor detainers has resulted in the release of 1,768 criminal illegal aliens since Jan. 20.
