Illinois Governor JB Pritzker signed HB 1312 into law on Tuesday, establishing protections which limit civil immigration enforcement activities across multiple public settings throughout the state.

This new legislation includes Article 5, known as the Illinois Bivens Act, which establishes the right of individuals to sue for constitutional violations during civil immigration enforcement, with courts required to award attorney’s fees to prevailing parties. Qualified immunity remains available as a defense, but plaintiffs can seek punitive damages based on factors including whether officers wore facial coverings or failed to use body cameras.

Article 10, known as the Court Access, Safety, and Participation Act, cites common law protections from civil arrest for court participants. The law prohibits civil arrests of parties, witnesses, and court companions within courthouses and within 1,000 feet of court facilities. Violations carry minimum statutory damages of $10,000 plus additional damages for false imprisonment.

Article 15 amends the the University of Illinois Hospital Act. It requires all Illinois hospitals to adopt policies by March 2026 governing interactions with immigration enforcement agents. Hospitals must designate legal contacts, verify law enforcement credentials, and protect patient information under HIPAA standards. The state’s Department of Public Health may impose fines up to $500 daily for non-compliance.

Article 20 amends the Public Higher Education Act. It requires public universities to implement procedures by January 1, 2026, for reviewing law enforcement campus access requests and protecting students’ immigration status information. Licensed day care centers face similar requirements under Article 25. The new law emphasizes it does not prevent compliance with “valid judicial warrants, orders, or subpoenas.”

In a statement, Governor Pritzker explained:

With my signature today, we are 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…Illinois—in the face of cruelty and intimidation—has chosen solidarity and support.

This comes amidst ongoing state and federal disputes over immigration enforcement. In February, the US Department of Justice sued Illinois over laws that conflict with federal immigration policies in violation of preemption principles. In November, a federal judge in New York law upheld a law which prohibits immigration enforcement from making arrests at or surrounding state courthouses. Earlier this month, a federal judge in D.C. granted a preliminary injunction blocking the Department of Homeland Security (DHS) from enforcing its policy of warrantless civil immigration arrests without probable cause of escape risk.