Buckner Enacts New Protections to Protect Due Process Rights from Trump Raids

CHICAGO – Locations where everyone should feel safe will be better protected from warrantless immigration raids under a new law backed by state Rep. Kam Buckner, D-Chicago, expanding due process protections for all people at hospitals, daycares, courthouses and college campuses.

“For months, Chicago has faced down the scare tactics, unlawful detentions and inhumane treatment of our citizens at the hands of federal agents with the strength and grace I have come to expect of this city,” Buckner said. “This measure is creating protections and giving people the tools they need to prevent federal overreach and live their lives in peace.”

The Buckner-backed House Bill 1312 allows for a private right of action against agents who, in the process of conducting immigration enforcement, knowingly violate a person’s rights.

Buckner’s legislation also establishes protections for those without citizenship who are at or near hospitals, courthouses and daycares. The legislation prevents certain federal immigration enforcement actions at the following locations:

• Courthouses: prohibits civil immigration arrests at or near courthouses and provides civil penalties for violations and attorney fee recovery.
• Hospitals: requires hospitals to create formal policies for handling law enforcement interactions, bars cooperation with immigration enforcement unless there is a judicial warrant and protects patient immigration-related information.
• Daycares: prohibits disclosing immigration information about children or families and requires policies and training to protect children if a parent faces immigration action.

Additionally, the legislation establishes protections for Illinois college students in the midst of growing immigration raids in the state. It specifically bars higher education institutions from disclosing citizenship information, requires staff to be trained on verifying immigration warrants and helps students access immigrant rights resources.

“There are so many stories of tragic and undeserved detentions of people who have committed no crimes and are here to build better lives and contribute to their new communities,” Buckner said. “I stand with my colleagues, committed to putting a stop to that. This bill is a step in the right direction.” House Bill 1312 was signed into law by the governor on Wednesday.