Filed Date: Dec. 22, 2025
Case Ongoing
Clearinghouse coding in progress
This case challenges an Illinois statute that, according to the federal government, unlawfully regulates and discriminates against federal immigration enforcement by exposing federal officers to state civil liability and restricting where federal officers may conduct civil immigration arrests.
On December 22, 2025, the United States filed this lawsuit against the State of Illinois, Illinois Governor JB Pritzker, and Illinois Attorney General Kwame Raoul in the U.S. District Court for the Southern District of Illinois. The suit seeks declaratory and injunctive relief invalidating portions of Illinois Public Act 104-0440, an omnibus law signed by Governor Pritzker on December 9, 2025, and effective immediately upon enactment. The complaint challenges two provisions of the Act: the “Illinois Bivens Act,” which creates a state-law cause of action against individuals engaged in “civil immigration enforcement,” and the Court Access, Safety, and Participation Act (“CASPA”), which restricts civil arrests at and around state courthouses.
According to the complaint, Congress has vested exclusive authority over immigration enforcement in the federal government through the Constitution and the Immigration and Nationality Act (INA), and federal agencies—including DHS, ICE, and CBP—regularly conduct immigration enforcement activities within Illinois. The federal government alleges that Illinois’s attempt to distinguish “civil” immigration enforcement from criminal enforcement rests on a false dichotomy, because immigration enforcement frequently involves overlapping civil, administrative, and criminal components. By regulating these activities, the complaint contends, Illinois intrudes on federal authority and disrupts the uniform enforcement of immigration law.
The federal government alleges that the Illinois Bivens Act unlawfully creates a broad private right of action allowing individuals to sue federal officers for alleged violations of the Illinois Constitution or the U.S. Constitution committed during civil immigration enforcement. The statute authorizes compensatory and punitive damages, injunctive relief, and mandatory attorney’s fees, and includes factors for assessing “reprehensibility” that the complaint claims target standard federal law-enforcement practices, such as wearing facial coverings, failing to identify verbally, or operating vehicles with non-Illinois license plates. According to the complaint, these provisions regulate and deter federal officers’ conduct, expose them to heightened litigation and personal risk, and discriminate against federal immigration enforcement in violation of the Supremacy Clause.
The complaint also challenges CASPA, which grants immunity from civil arrest to individuals attending state court proceedings and broadly prohibits civil arrests inside courthouses, on courthouse grounds, and within 1,000 feet of a courthouse. CASPA defines “court companions” expansively and authorizes civil liability and statutory damages for violations. The federal government alleges that these restrictions directly interfere with federal immigration enforcement by eliminating courthouses as safe and predictable arrest locations, particularly in jurisdictions that limit cooperation with ICE, thereby increasing risks to officers and the public.
The United States brings two Supremacy Clause claims, alleging that the challenged provisions unlawfully regulate and discriminate against the federal government in violation of intergovernmental immunity principles. It seeks declaratory relief invalidating the Illinois Bivens Act and CASPA as applied to federal officers, a permanent injunction barring their enforcement, and an award of costs and fees.
The case remains ongoing in the pleadings stage.
Summary Authors
Jack Buckfire (2/10/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72067117/parties/united-states-v-state-of-illinois/
Dugan, David Wayne (Illinois)
Wen, James (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/72067117/united-states-v-state-of-illinois/
Last updated April 15, 2026, 3:27 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations By the Government
Key Dates
Filing Date: Dec. 22, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The United States of America
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
State of Illinois
Case Details
Causes of Action:
Constitutional Clause(s):
Other Dockets:
Southern District of Illinois 3:25-cv-02220
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Affected National Origin/Ethnicity(s):
Immigration/Border:
Undocumented immigrants - rights and duties
Presidential/Gubernatorial Authority:
Case Summary of United States v. State of Illinois, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47534/ (last updated 2/10/2026).