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Suit Against Illinois, the Governor and Attorney General over Illinois Bivens Act and Court Access, Safety and Participation Act (CASPA)

Sanctuary Information

(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. The federal case is ongoing.

Sanctuary Topics
Federal Litigation
Tracking Order
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