Posted by The United States Supreme Court recently handed a victory to the State of Illinois in its feud with the Trump Administration over immigration enforcement. In a short opinion, the Court declined to stay an injunction entered against the administration which prohibited President Trump from federalizing the Illinois National Guard to assist with immigration enforcement.[1] But the fight between the State and the Federal Government is far from over. This time the State went on the offensive by passing H.B. 1312 or the Illinois Bivens Act
On December 9th of last year, Governor J.B. Pritzker signed H.B.1312 into law.[2] That bill creates a new cause of action in Illinois, allowing citizens to sue immigration enforcement officials for alleged violations of constitutional rights.[3] Titled the “Illinois Bivens Act,” the law provides that any person may bring an action against a federal agent who “knowingly engages in conduct that violates the Illinois Constitution or the United States Constitution.”[4]
Under the Illinois Bivens Act (“Act”), plaintiffs may sue for any injunctive, declaratory, or monetary relief generally available under common law.[5] And that monetary relief can include punitive damages; the Act specifically allows courts to consider whether the immigration officer wore a face covering, refused to identify themselves as law enforcement, used crowd control equipment, or violated a court order or consent decree.[6]
The law is plainly targeted against the Trump Administration’s immigration enforcement in the Chicago area. The Governor signed the bill in the Little Village neighborhood, a location that has borne the brunt of the effects of wide-sweeping immigration enforcement.[7] After signing the bill into law, Governor Pritzker proclaimed that “with my signature today, we are protecting people and institutions that belong here in Illinois. Dropping off you kid at day care, going to the doctor, or attending your classes should not be a life-altering task. Illinois—in the face of cruelty and intimidation—has chosen solidarity and support.”[8]
As expected, the Trump Administration has not acquiesced to the law. The Federal Government promptly filed a lawsuit in the Southern District of Illinois, alleging that the Illinois Bivens Act violates the Supremacy Clause of U.S. Constitution as well as intergovernmental immunity doctrine.[9] As in the complaint filed against the State of Illinois, Assistant Attorney General Brett Shumate framed the issue as one of constitutional supremacy and officer safety, declaring that “the Department will steadfastly protect federal law enforcement from unconstitutional state laws like Illinois’ that threaten massive punitive liability and compromise the safety of our officers.”[10]
Time will tell how the courts will rule, but until then, the Illinois Bivens Act is valid law. If it is eventually upheld, this law has the potential to become its own niche in state-court civil litigation, as civil rights lawsuits have historically been confined to federal court. And with the Act preserving qualified immunity as a defense to liability,[11] Illinois courts may soon be required to develop its own body of precedent on qualified immunity.
While the legal implications for Illinois state-court jurisprudence remain uncertain, the Act must first clear its challenges in federal court. For the moment, the score stands at Pritzker: 1, Trump: 0—but the final outcome is still very much to be determined.
[1] Trump v. Illinois, No. 25A443, 2025 WL 371511 (U.S. Dec. 23, 2025)
[2] State of Illinois, Gov. Pritzker Signs Bill to protect Immigrants from Unjust Federal Actions, https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bill-to-protect-immigrants-from-unjust-federal-actions, (Dec. 9, 2025).
[3] Public Act 104-0440, H.B. 1312; 740 ILCS 16/5-1, et seq.
[4] 740 ILCS 16/5-10 (a).
[5] 740 ILCS 16/5-15 (a).
[6] Id.
[7] Heather Schlitz, ‘Not a Life Here.’ Immigration Raids Hollow Out Chicago Neighborhood, Reuters, https://www.reuters.com/investigates/special-report/usa-trump-immigration-chicago/
[8] State of Illinois, Gov. Pritzker Signs Bill to protect Immigrants from Unjust Federal Actions, https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bill-to-protect-immigrants-from-unjust-federal-actions, (Dec. 9, 2025).
[9] The intergovernmental immunity doctrine holds that a state law is unconstitutional if it discriminates against the federal government or its contractors based on governmental status. United States v. Washington, 596 U.S. 832, 839 (2022).
[10] U.S. Department of Justice, Justice Department Sues J.B. Pritzker, Kwame Raoul Over the Illinois Bivens Act, https://www.justice.gov/opa/pr/justice-department-sues-jb-pritzker-kwame-raoul-over-illinois-bivens-act (Dec. 22, 2025).
[11] 740 ILCS 16/5-10 (b)
Shmuel Wyckoff is a dedicated law student at Chicago-Kent College of Law and an aspiring appellate attorney. He has a passion for exploring issues in criminal law, constitutional law, and appellate litigation. Shmuel’s goal is to provide readers with engaging discussions of current issues in the law while also empowering readers with practical legal information. While not immersed in classes and externship work, Shmuel enjoys watching football and baseball, cooking, reading, and hiking.