On Tuesday, the Department of Justice filed a lawsuit against Illinois Governor J.B. Pritzker and Attorney General Kwame Raoul, contesting two state laws: the “Illinois Bivens Act” and the “Court Access, Safety, and Participation Act.” The federal government claims these laws seek to unconstitutionally regulate federal law enforcement officers.
According to the DOJ’s complaint, the statutes unlawfully discriminate against the federal government by introducing new legal actions against federal officers. The DOJ further alleges that the laws could endanger the safety of federal personnel, who have reportedly faced increased harassment, doxxing, and violence. The complaint argues that imposing significant liability and punitive damages on officers for carrying out their duties or protecting their identities could hinder the enforcement of federal laws and disrupt sensitive operations.
“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.
United States Attorney Steven D. Weinhoeft added, “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. Courthouse arrests are only necessary because Illinois refuses to honor federal detainers at jails and prisons, instead opting to release criminals back into our communities.”
The lawsuit follows Attorney General Bondi’s directive for the Civil Division to scrutinize state and local laws that could impede federal law or operations. This action is part of a broader DOJ effort to challenge similar state measures in places including New York, New Jersey, and Los Angeles, California.