Bill on Pritzker’s desk enhances Illinois’ migrant sanctuary policies

By Greg Bishop | The Center Square
The Center Square

(The Center Square) – Gov. J.B. Pritzker can now enact a measure enhancing the state’s migrant sanctuary policies that Republicans warn is too broad.

House Bill 1312 was originally filed by state Rep. Maura Hirschauer, D-Batavia, in January, and started as a POW/MIA Recognition Day bill. It passed unanimously in the House in April and was read in the Senate for a second time in May, but was never approved before the end of spring session.

In October, the Senate placed it up for final passage until Senate President Don Harmon filed an amendment on Oct. 30, changing the bill to the Illinois Bivens Act on the final day of scheduled veto session.

“Authorizes any person to bring a civil action against any person who, while conducting civil immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the United States Constitution,” the bill’s synopsis says.

The Senate passed the measure, 40-18. The House concurred on the amendments hours later early Halloween morning in a 75-32 vote.

“Oh, yes. I was an advocate for the bills, yeah, protecting our immigrant communities across the state,” Pritzker said Nov. 21, noting the measure had not yet been sent to his desk.

The status of House Bill 1312 changed Monday after it was the only measure approved by legislators during veto session that had not been sent to the governor.

Among the amendments to HB 1312, the measure establishes fines for hospitals for not adopting policies regarding interactions with law enforcement agents and prohibits universities from disclosing “actual or perceived citizenship or immigration status” of an employee, a student or associated individual.

“This legislation requires daycare centers to adopt policies to ensure families are not excluded or discouraged from participating in daycare programs based on their actual or perceived immigration status,” state Rep. Lilian Jimenez, D-Chicago, said of the bill’s additional provisions. “We want daycare centers to establish a written plan of action, establish procedures for seeking consent from parents before releasing a child’s information, and making sure to formalize late pick up protocols, ensuring children are safely released to designated adults.”

State Rep. Patrick Windhorst, R-Metropolis, warned the measure goes beyond that.

“We are attempting through this bill to place restrictions on federal law enforcement officers. We have also placed our state and local law enforcement officers in jeopardy of civil liability,” he said. “It is too broad and there will be grave consequences to our state.”

While the measure was amended to allow for qualified immunity, Windhorst expects unintended consequences.

HB 1312 was updated Monday, showing it was sent to the governor on Nov. 25.