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The measure expands this policy to hospitals, daycares, and colleges, forcing these institutions to create new protocols for how to handle ICE’s presence. It’s a sweeping effort to tie the hands of federal immigration enforcement officers operating in Illinois.
Democrats Claim It’s About “Justice,” Not Lawbreaking
Senate President Don Harmon and State Senator Celina Villanueva, both Democrats, spearheaded the bill and framed it as a matter of “human rights” rather than law enforcement.
“No one should have to choose between seeking justice and risking their freedom,” Villanueva said, arguing that ICE enforcement creates “sites of intimidation” for immigrants.
Critics, however, say this is nothing more than another sanctuary-state stunt designed to protect people who have broken the law. Even Villanueva acknowledged that the law is likely to face immediate legal challenges. “The courts are stacked against us… the federal government can try to remove it from state courts to federal courts [or] substitute the government itself for the individual defendants,” he admitted.
A Direct Challenge to Federal Authority
This state-level rebellion comes after President Trump reinstated a tougher enforcement stance that reversed Biden-era “sensitive locations” restrictions. Those 2021 rules had prohibited ICE from making arrests near courthouses and schools — a policy the Trump administration has now scrapped.
Earlier this month, a Cook County judge in Chicago attempted to block ICE arrests inside county courthouses, claiming such enforcement caused “fear or obstruction” during legal proceedings. The order banned immigration officers from detaining any “party, witness, or potential witness” while in court.
Federal officials swiftly pushed back. “There are no legal sanctuaries where you can hide and avoid the consequences for breaking the law,” ICE responded.
ICE maintains that its arrests focus on dangerous criminals, not everyday court visitors. But under federal law, immigration enforcement falls squarely under federal authority — not the states. That means Illinois’ so-called “ban” is almost certain to be struck down under the Constitution’s Supremacy Clause.
Legal Battles Already Brewing
Illinois isn’t alone. In Connecticut, state Supreme Court Chief Justice Raheem Mullins recently issued an order banning warrantless ICE arrests in courthouses and forbidding agents from wearing masks during operations — a move that’s already under legal challenge.
The Department of Homeland Security (DHS) is preparing to fight back, arguing that state governments cannot interfere with federal immigration enforcement. Courts have consistently sided with federal supremacy in previous sanctuary-state disputes.
Still, left-wing groups like the ACLU are gearing up for battle. They’ve already filed lawsuits accusing the Trump administration’s immigration directives of being “arbitrary and capricious” and violating both due process and the First Amendment.
Bottom Line
Illinois Democrats have thrown down the gauntlet — effectively telling federal agents to stay out of their courthouses. But immigration enforcement isn’t optional, and it’s not under state control. The Constitution gives that power to the federal government, not to state lawmakers looking to score political points.
When the dust settles, Illinois’ “safe zone” law may go down as just another blue-state attempt to shield illegal immigrants from accountability — and another courtroom loss waiting to happen.
