Bill on Pritzker’s desk enhances Illinois’ migrant sanctuary policies
[December 02, 2025]
By Greg Bishop | 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.
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Illinois Gov. J.B. Pritzker speaks with supporters at a Kamala
Harris for President campaign phone bank in Phoenix, Ariz., Sept.
28, 2024. Photo: Gage Skidmore / Flickr /CC BY-SA 2.0 / Cropped from
Original
“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.
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