The Department of Justice has filed a lawsuit against Illinois Gov. J.B. Pritzker and state Attorney General Kwame Raoul, challenging state laws the federal government says unlawfully regulate the actions of federal law enforcement officers.
The complaint targets measures commonly referred to as the “Illinois Bivens Act” and the “Court Access, Safety, and Participation Act,” which the Justice Department argues are unconstitutional attempts to impose state-level constraints on federal officers performing their duties.
Federal officials said the challenged laws pose risks to the safety of federal law enforcement officers, who they say have been subjected to increased harassment, doxxing, and threats of violence. The Justice Department argued that exposing officers to potential civil liability and punitive damages for carrying out federal duties, including measures taken to protect their identities and families, could deter enforcement of federal law.
The filing further contends that such provisions may interfere with sensitive law enforcement operations and undermine officer safety, describing the risks as immediate and significant.
“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,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. Pritzker has opposed the federal government enforcing immigration laws.
“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,” said U.S. Attorney Steven D. Weinhoeft for the Southern District of Illinois. “Courthouse arrests are only necessary in the first place because Illinois refuses to honor federal detainers at the jails and prisons, instead preferring to release criminals back into our communities.”
Attorney General Pam Bondi directed the Civil Division of the Department to pinpoint state and local laws, policies, and practices that enable breaches of federal laws or obstruct legitimate federal operations.
The lawsuit represents the most recent in a succession of legal actions initiated by the Civil Division aimed at challenging unlawful policies intended to undermine federal law enforcement throughout the nation, including locations such as New York, New Jersey, and Los Angeles, California.
