The United States government has filed a federal lawsuit against Governor JB Pritzker and Attorney General Kwame Raoul, challenging the constitutionality of the newly enacted Illinois Public Act 104-0440 (formerly House Bill 1312).
The federal complaint targets two primary components of the new law, arguing they violate the Supremacy Clause of the U.S. Constitution:
- The “Illinois Bivens Act”: This provision creates a state-level private right of action, allowing individuals to sue federal immigration officers for civil damages—including punitive damages—if they believe their constitutional rights were violated during enforcement operations.
- The Court Access, Safety, and Participation Act (CASPA): This establishes a “buffer zone” prohibiting civil immigration arrests on state courthouse grounds and within 1,000 feet of such facilities. The law imposes fines on officers who violate this perimeter.
The Department of Justice (DOJ) argues that the state law improperly interferes with federal operations and places federal agents at risk of “ruinous liability” for performing their duties.
In its filing, the DOJ asserts that “states have no power to ‘in any manner control the operations of’ the Federal Government.” Federal attorneys argue that by exposing agents to personal lawsuits and restricting their movement, Illinois is effectively attempting to regulate federal law enforcement.
Governor Pritzker and Illinois legislative leaders have framed the law as a necessary shield for residents against federal overreach.
“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 during a press conference. “No one, and I mean no one, is above the law, especially those wearing a badge representing the law.”
The law was fast-tracked following reports of masked federal agents conducting large-scale sweeps in Illinois suburbs, which state officials say deterred residents from attending court hearings, seeking medical care, or taking children to school. In addition to courthouse protections, the act restricts how hospitals and schools interact with immigration agents.
However, state officials have acknowledged the legal battle ahead. Senate President Don Harmon (D-Oak Park), a sponsor of the bill, admitted prior to its passage that the state was “playing with a stacked deck” against the federal government’s constitutional supremacy but maintained that the measure offered victims a necessary legal path to hold officers accountable.
This lawsuit is the latest salvo in a widening legal war between Illinois and the federal executive branch. Just one day after this suit was filed, the U.S. Supreme Court ruled in favor of Illinois in a separate case (Trump v. Illinois), blocking a federal attempt to deploy National Guard troops to the state against the Governor’s wishes.
The case, United States of America v. State of Illinois et al. (Case No. 25-cv-2220), will be heard in the Southern District of Illinois. No hearing date has been set for the request for injunctive relief.
