After weeks of heightened federal immigration enforcement in the greater Chicago area, the Illinois General Assembly approved House Bill 1312 on Oct. 31, strengthening immigration enforcement protections.
Notably, the bill creates the Illinois Bivens Act, which allows individuals to sue over civil immigration enforcement actions that violate state or federal constitutional rights.
Defendants may be liable for civil damages for false imprisonment, including statutory damages of $10,000, the bill states. These damages can increase based on various factors in the defendant’s conduct, including the use of facial coverings, crowd control measures like tear gas, vehicles with a non-Illinois license plate or no license plate at all and body cameras.
Having cleared the Senate with a 40-18 vote and the House with a 75-32 vote, HB 1312, sponsored by Senate President Don Harmon (D-Oak Park), now awaits Gov. JB Pritzker’s approval. The bill also received support from State Sen. Laura Fine (D-Glenview), State Sen. Mike Simmons (D-Chicago) and State Rep. Hoan Huynh (D-Chicago).
HB 1312 also prohibits employers from taking retaliatory actions against employees for “disclosing or threatening to disclose in good faith a violation of the Illinois Bivens Act,” amending the Whistleblower Act.
According to the bill, retaliation includes contacting — or threatening to contact — immigration authorities, or reporting an employee’s or their family member’s immigration or citizenship status to any federal, state or local agency, the bill states.
Lawmakers included additional legislation prohibiting civil immigration arrests in and around state courthouses, with a 1,000-foot safe zone that includes parking facilities and nearby streets. This protects good-faith attendees of court proceedings, with violators liable for civil damages for false imprisonment, including actual damages and $10,000 in statutory damages.
Hospitals, schools and licensed daycare centers must adopt and submit policies regulating law enforcement interactions and protecting patient information under the new legislation. This includes designating a point of contact to be notified of “all law enforcement presence or information requests” at hospitals, according to the bill.
HB 1312 states that schools should develop procedures for attempted campus entry by law enforcement agents and provide information on how community members should respond on school websites by Jan. 1, 2026.
The bill also includes a severability clause — if any one part is invalidated, the rest remains valid. Once signed by Pritzker, HB 1312 would immediately apply these new standards across Illinois.
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