(The Center Square) – Illinois House and Senate leaders are touting legislation they say will protect people from federal immigration enforcement, but the House Republican floor leader says the bill could have unintended consequences and expose many people to civil liability.
Illinois House Speaker Emanuel “Chris” Welch, D-Hillside, sponsored House Bill 1312. Under the bill, Welch said hospitals would be required to adopt safeguards concerning law enforcement. The bill would also impose mandates and ban civil arrests at hospitals, courthouses, college campuses and daycare centers.
“In this bill, we’re also creating a private right of action to enforce these protections. We’re adding teeth to this bill with that private right of action,” Welch said.
State Rep. Patrick Windhorst, R-Metropolis, said the bill would have many unintended consequences.
“What individuals are going to be subject to civil liability that today we’re not even thinking they would be subject to that liability?” Windhorst asked.
The answer is, Windhorst said, “We don’t know.”
Windhorst said the bill places state and local law enforcement officers in jeopardy of civil liability, adding that the ability of Illinois to impose civil liability on federal officers is highly dubious.
“So when a federal court decides that that portion of this act is unconstitutional, the only people we’ll have been exposing to civil liability will be our local and state law enforcement officers,” Windhorst explained.
Windhorst said there would be grave consequences to the state of Illinois if the bill is adopted.
State Rep. John Cabello, R-Machesney Park, urged a “no” vote.
“We cannot continue to demonize law enforcement, all of law enforcement, for the sins of a few,” Cabello said.
Cabello did thank Welch for an amendment to add qualified immunity language to protect police officers.
Several speakers expressed concerns about the private right of action opening up the potential for more lawsuits against healthcare providers and institutions of higher education.
Illinois Senate President Don Harmon, D-Oak Park, introduced the Senate version of the HB 1312.
According to Illinois Sunshine, the Illinois Trial Lawyers Association political action committee donated $25,000 to Harmon’s campaign fund, Friends of Don Harmon, on July 14 and $25,00 to Welch’s fund, The People for Emanuel “Chris” Welch on June 16.
Also on June 16, ITLA PAC gave $25,000 to the Democratic Party of Illinois.
Also on July 14, ITLA PAC gave $25,000 to Democrats for the Illinois House.
On June 23, ITLA PAC gave $25,000 to ISDF, the campaign fund to elect Democrats to the Illinois Senate.
In recent weeks, ITLA has made four-figure donations to funds for various individual Democratic state lawmakers as well as to Illinois Attorney General Kwame Raoul’s campaign fund.
An ITLA spokesperson told The Center Square that the organization had no comment on HB 1312.
Illinois Citizens Against Lawsuit Abuse offered no comment “at this time.”
Despite the new requirements placed on hospitals, Welch said the Illinois Hospital Association agreed with HB 1312.
State Rep. Lilian Jiménez, D-Chicago, said on the House floor that the measure requires early childhood 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.
“We want daycare centers to establish a written plan of action, establish procedures for seeking consent from parents before releasing a child’s information, on making sure to formalize late pickup protocols ensuring children are safely released to designated adults,” Jiménez said.
Jiménez then said the bill would not place any additional financial burden on childcare providers.
In an X post Monday, the U.S. Department of Homeland Security called HB 1312 “ridiculous” and a misguided attempt to obstruct law and order.
“Our brave law enforcement officers will not be slowed down by obstructionist legislation. The deportations will continue,” the DHS post said.
State Rep. C.D. Davidsmeyer, R-Murrayville, asked Welch if he agreed with Gov. J.B. Pritzker that federal law enforcement should work with local law enforcement to get rid of criminal illegal aliens.
“Let me begin with telling you I don’t believe anyone is an illegal alien. That’s a terrible term to use about anyone,” Welch said.
“It’s a legal term,” Davidsmeyer said.
“It’s not a legal term. They used to call Black people slaves, legally, and it was wrong. Let’s stop dehumanizing people. Let’s start treating people right,” Welch responded.
Davidsmeyer encouraged House members to work with the federal government to remove dangerous people who have come to the U.S. illegally.
“If anyone should believe in following the laws that are passed by a governmental body, it should be the very people that are right here,” Davidsmeyer said.
The House voted 75-32 in favor of Welch’s bill. HB 1312 can now be sent to the governor.
