DOJ Sues Illinois Governor and Attorney General Over Alleged Unconstitutional Immigration Laws
By James Morley III | Tuesday, December 23, 2025
The Department of Justice announced Tuesday it has sued Illinois Governor JB Pritzker and State Attorney General Kwame Raoul, claiming two new state laws unconstitutionally interfere with federal immigration enforcement and expose federal officers to sweeping civil liability.
In a statement, the DOJ targeted the Illinois Bivens Act and the Court Access, Safety, and Participation Act, labeling them “illegal efforts to ‘regulate and discriminate against the federal government’ by creating new causes of action and allowing punitive damages against federal officers.”
Assistant Attorney General Brett A. Shumate of the DOJ’s Civil Division stated: “The Department of Justice will steadfastly protect law enforcement from unconstitutional state laws like Illinois’ that threaten massive punitive liability and compromise the safety of our officers.”
The lawsuit claims the measures could chill federal enforcement by threatening “ruinous liability” for agents carrying out their duties and actions taken to protect their identities and families, citing an “unprecedented wave” of harassment and doxing.
Illinois officials and advocates have defended the laws as necessary safeguards in “sensitive locations.”
The state’s recent package of laws restricts civil immigration arrests near courthouses and mandates procedures for hospitals, daycare centers, and public universities to address civil immigration activity and protect personal data.
Steven D. Weinhoeft, U.S. attorney for the Southern District of Illinois, remarked: “Unfortunately, Illinois politicians prefer to attack law enforcement with lawsuits and punitive damages rather than support ICE’s Criminal Alien Program, which prioritizes the safe removal of dangerous criminal aliens like murderers, child rapists, and other serious offenders.”
Weinhoeft added: “Courthouse arrests are only necessary in the first place because Illinois refuses to honor federal detainers at jails and prisons, instead preferring to release criminals back into our communities.”
The lawsuit represents the latest escalation in a broader federal-state conflict over immigration law enforcement.
DOJ framed the case under Attorney General Pam Bondi’s directive to challenge state policies that impede federal operations.
Illinois leaders countered that the measures are designed to ensure residents can access courts and essential services without fear of civil immigration arrest.
