(filed December 22, 2025)
U.S. v. State of Illinois, et al. - The Trump Administration sued Illinois, the Governor, and the Attorney General for their Illinois Public Act 1004-0440 enacted December 9, 2025. The Act has key provisions, the Illinois Bivens Act and CASPA. The Illinois Bivens Act creates a private cause of action (the right to sue) against federal law enforcement officials for civil liability and punitive damages. CASPA prohibits civil arrests on state courthouse grounds and within 1,000 feet of a state courthouse. On February 23, 2026, the state of Illinois filed a motion to dismiss for lack of jurisdiction and failure to state a claim. On March 6, 2026, the federal court in an order held the motion is not yet ripe. However, after this order a hearing was scheduled on the motion. On August 19, 2026, the federal court denied the motion to dismiss. The federal court rejected Illinois’s argument that the federal government’s alleged harm was too speculative simply because no one had yet sued under the Illinois Bivens Act. It reasoned that immigration officers under the Act face potential personal liability and punitive damages, which could affect their duties. The alleged injuries were also sufficiently connected to the challenged statutes and Illinois officials. The court also reasoned that the government’s request for a declaration that the statutes are unconstitutional as applied to the federal government, together with an injunction against enforcement, could alleviate the government’s alleged injury. In addressing CASPA, Illinois argued that the statute merely codifies the longstanding common-law privilege protecting parties and witnesses from civil arrests while attending court proceedings, but the court found CASPA broader because it extends protections beyond the courthouse and creates additional enforcement mechanisms and civil liability. Importantly, the court did not rule on the ultimate constitutionality of the Act; it held only that the federal government’s claims may proceed. The federal case is ongoing.