* Some background is here if you need it. Press release…

Members of the Illinois Senate Democratic Caucus filed landmark legislation designed to protect Illinois residents’ constitutional rights and ensure safe access to critical public services amid heightened federal immigration enforcement activities in Chicago and across the state.

The legislation comes in response to reports of aggressive federal immigration enforcement tactics in Chicago and other Illinois communities that have raised concerns about constitutional rights violations and the chilling effect on access to essential services.

House Bill 1312, sponsored by Senate President Don Harmon, would allow Illinois residents to bring civil actions against any person who deprives them of their constitutional rights under the Fourth Amendment of the United States Constitution, or Section 2 or Section 6 of Article 1 of the Illinois Constitution.

Further, it would allow courts to award punitive damages based on the severity of the defendant’s conduct, with particularly egregious factors including wearing masks to conceal identity (excluding legitimate health or tactical purposes), failing to identify as law enforcement, not using body cameras, operating vehicles with obscured or out-of-state plates, and deploying crowd-control weapons like pepper spray or rubber bullets. Additionally, the bill would strengthen protections by amending the Illinois Whistleblower Act to shield anyone who reports violations of this new law from retaliation, encouraging individuals to come forward when they witness constitutional rights being infringed.

“Masks might conceal their faces, but they can’t hide the constitutional abuses we’ve seen daily,” said Harmon (D-Oak Park). “This gives the growing number of victims a clear, legal path to go after the abusers and hold them accountable.”

The measure would also codify long-standing common law protections to ensure parties, witnesses, and their family members can access the justice system without fear of civil arrest. The legislation would create a 1,000-foot safe zone around courthouses, including parking facilities and surrounding streets. Violations would carry civil damages for false imprisonment, $10,000 in statutory damages, and potential contempt of court charges.

“No one should have to choose between seeking justice and risking their freedom,” said State Senator Celina Villanueva (D-Chicago). “Courthouses must be places where people can resolve disputes, testify and support loved ones – not be sites of fear or intimidation. This measure ensures that everyone, regardless of background or immigration status, can safely access the justice system without the threat of being detained or harassed. Justice cannot exist where fear takes its place.”

In response to reports of federal agents arresting students at a number of campuses across the state, the legislation would also require public colleges, universities and community colleges to develop procedures for reviewing law enforcement access requests, prohibit unauthorized disclosure of students’ or employees’ immigration status, provide immigration enforcement resources online, and notify campus communities when immigration enforcement activity occurs on campus.

“No one should have to look over their shoulder when they go to class. These are places of learning – not fear,” said State Senator Karina Villa (D-West Chicago). “In Illinois, we choose compassion over cruelty. By protecting our college campuses from ICE intrusion, we’re saying loud and clear that every person deserves to feel safe, respected and valued in our communities.”

To further enhance protections at hospitals, the measure would require all Illinois hospitals to develop comprehensive policies governing law enforcement interactions. Hospitals would be required to establish protocols for verifying law enforcement identity and authority, protecting patient privacy, and providing immigration rights information. General acute care hospitals would be required to comply by Jan. 1, 2026, and all other hospitals by March 1, 2026, with penalties of $500 per day for noncompliance.

It would also require licensed daycare centers to adopt policies notifying parents and requiring parental consent before sharing children’s information with law enforcement, update emergency contact procedures, and establish protocols when parents face immigration enforcement. Centers would not be permitted to disclose citizenship or immigration status information unless required by law and could not consent to law enforcement entry without valid judicial warrants, orders or subpoenas.

“Daycares and hospitals should be places of safety and security, not targets of intimidation. No parent should have to wonder if dropping off their child could put their family at risk, and no person should fear if going to get medical attention will cause them more suffering,” said Aquino (D-Chicago). “We’ve already seen ICE agents come into a hospital room in my district. We’re not talking about what could happen – it’s already happening. The time to act is now.”

House Bill 1312 will be heard in the Senate Executive Committee Wednesday.