Illinois Governor JB Pritzker signed HB 1312 into law on Tuesday, establishing protections which limit civil immigration enforcement activities across multiple public settings throughout the state.

This new legislation includes Article 5, known as the Illinois Bivens Act, which establishes a private right of action allowing individuals to sue for constitutional violations during civil immigration enforcement, with courts required to award attorney’s fees to prevailing parties. Qualified immunity remains available as a defense, but plaintiffs can seek punitive damages based on factors including whether officers wore facial coverings or failed to use body cameras.

Article 10, known as the Court Access, Safety, and Participation Act, cites common law protections from civil arrest for

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