DOJ sues Illinois' governor over laws protecting immigrants at courthouses and hospitals

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CHICAGO (AP) — Illinois Gov. JB Pritzker on Tuesday fired back against a U.S. Department of Justice lawsuit over state protections of immigrants from federal arrest at courthouses, hospitals and day cares.

Justice officials filed suit on Monday, claiming new Illinois measures prohibiting detention of immigrants going about daily business at key locations are unconstitutional and “threaten the safety of federal officers,” according to a department statement.

Democrat Pritzker has led the opposition to the Trump administration's crackdown on migrants in Illinois, particularly because of the indiscriminate and sometimes-violent way they're apprehended. Through a spokesperson, he reiterated that he's not opposed to taking action on migrants who commit violent crimes and are in the country illegally.

“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said.

The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which appears to have largely wound down for now, arrested more than 4,000 people. Data on those arrested from early September through mid-October showed only 15% had criminal records, with traffic offenses, misdemeanors or nonviolent felonies comprising the vast majority.

At issue are laws Pritzker signed earlier this month that ban civil arrests at and around courthouses statewide and require hospitals, day care centers and public universities to have procedures for handling civil immigration operations and protecting personal information.

The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal enforcement action in the Chicago area, including $10,000 in damages for someone unlawfully arrested while attempting to attend a court proceeding.

Immigration and legal advocates have applauded the legislation, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of being detained.

Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights, called the laws “a brave choice” in opposing ICE and U.S. Customs and Border Protection.

“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said at the time.

The Justice Department argues that Pritzker and co-defendant Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution's Supremacy Clause, which dictates that federal law is supreme. The lawsuit is part of an effort by U.S. Attorney General Pam Bondi to identify state and local laws the agency says impede federal immigration operations.

A spokesperson said Raoul and his staff are reviewing the complaint.

“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Kaehler said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”

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O'Connor reported from Springfield, Illinois.