State of Illinois Must Answer United States’ Complaint Seeking to Invalidate Sanctuary State Policies Enacted to Regulate Federal Law Enforcement Officers

EAST ST. LOUIS, Ill. - United States Attorney Weinhoeft announced today that the United States' lawsuit against the State of Illinois, Illinois Governor J.B. Pritzker, and Illinois Attorney General Kwame Raoul for the State's sanctuary policies regulating federal law enforcement officers will continue.

"The Court rightfully denied the Governor's motion to dismiss our lawsuit," said U.S. Attorney Steven D. Weinhoeft. "Illinois continues to advance unconstitutional policies designed to undermine federal law. The state should work with us to target criminals rather than spend tax dollars targeting law enforcement officers."

In December 2025, the U.S. Department of Justice's Civil Division and the U.S. Attorney for the Southern District of Illinois filed a complaint in federal court against the State of Illinois to invalidate Illinois Public Act 104-0440 (formerly HB 1312) which enacted the Illinois Bivens Act and Illinois Courts Access, Safety, and Participation Act ("CASPA"). The Illinois Bivens Act purports to subject federal immigration officers to civil liability and punitive damages for discharging their federal duties. CASPA implements a ban on "civil arrest" on Illinois state courthouse grounds and within 1,000 feet of a state courthouse. Together, these policies prevent federal law enforcement officers from carrying out their duties in public spaces and expose federal law enforcement officials to liability and punitive damages for doing their jobs.

The State of Illinois filed a motion to dismiss the federal complaint in February 2026. The Court heard oral arguments on June 23, 2026. On August 19, the Court entered its order denying the State's motion. The order further directed Defendants to answer the United States' complaint within 14 days of the order.

The case was brought by the U.S. Department of Justice's Civil Division and U.S. Attorney's Office for the Southern District of Illinois.