Quick Answer

Illinois just passed HB 1312, a sweeping law that:

Bans civil immigration arrests near “sensitive locations” like courthouses, hospitals, colleges, and daycare centers; and
Creates a new “Illinois Bivens Act” that lets people sue immigration officers and get at least $10,000 in damages for unlawful civil arrests and civil-rights violations.

The Illinois anti-ICE law 2025 represents a significant step in protecting immigrant rights and ensuring that communities feel safe from deportation fears.

You can read the text of the law on the Illinois General Assembly site under
HB 1312 – Illinois Bivens Act and courthouse protections.

At the same time, Santa Clara County in California just voted to turn all county-owned property into an “ICE-free zone,” blocking ICE from using county parking lots, garages, or buildings as staging grounds for raids. That policy is being folded into the
Santa Clara County Ordinance Code.

These moves are being celebrated in headlines from
AP News,
Reuters, and
The Washington Post.

But here’s what almost no one is saying:

These protections do not make anyone “deportation-proof.” ICE can still arrest people across the street, on private property, or after they leave court — especially under Trump’s 2025 enforcement surge.

Fast Facts

Illinois HB 1312 bans civil immigration arrests in and around state courthouses and restricts enforcement near hospitals, child-care centers, and colleges.

This legislation is a critical component of the broader Illinois anti-ICE law 2025 movement aimed at enhancing protections for undocumented individuals.
The law creates the Illinois Bivens Act, giving people a right to sue individual officers for constitutional violations during civil immigration enforcement.
Major coverage:
Santa Clara County becomes the Bay Area’s first formal “ICE-free zone” county, restricting ICE use of county property for enforcement. See:

The Illinois anti-ICE law 2025 has prompted similar initiatives in other states, creating a national dialogue on immigration enforcement.
Trump’s 2025 DHS policy has revived courthouse arrests, hospital arrests, and home raids, which Herman Legal Group has been tracking in
Trump’s 2025 Deportation Surge: What Non-Criminal Immigrants Need to Know.

Introduction: Headlines vs. Reality

Over the last 24–48 hours, immigrant communities, organizers, and lawyers have been circulating headlines about:

Illinois “banning” ICE from courthouses and hospitals; and
Bay Area counties building “ICE-free zones.”

On Google, Reddit, and AI platforms, the questions behind those headlines are much more specific and anxious:

“If I go to court in Chicago, can ICE still grab me in the parking lot?”
“If my kid’s daycare is in a ‘protected zone,’ is drop-off actually safe?”
“If ICE ignores the law, can I really sue them? Or only local police?”
“I live in Texas / Ohio / New York — can my state copy this?”

The goal of this article is to give a plain-language, data-driven, citation-rich explainer that journalists, researchers, organizers, and Reddit communities can quote, link, and build on.

We will also connect this to related HLG deep dives, including:

What Illinois HB 1312 Actually Does

Core protections

HB 1312 is actually two big moves in one package:

Illinois Bivens Act
- Creates a state-law civil rights cause of action.
- Any person can sue an individual who, while carrying out civil immigration enforcement, knowingly violates their constitutional rights.
- Allows compensatory and punitive damages, plus attorneys’ fees.
- See bill text:
  Full text – HB 1312 (Illinois General Assembly)
Courthouse and “sensitive locations” protections
- Bans civil immigration arrests “in and around” Illinois state courthouses.
- Expands protections to hospitals, licensed child-care centers/daycares, and institutions of higher education.
- Limits information-sharing by schools and hospitals about immigration status.
- Allows statutory damages of at least $10,000 for certain unlawful civil arrests, especially near courthouses.

Major explanatory coverage:

Gov. Pritzker’s framing

At the bill-signing in Little Village, Gov. JB Pritzker explicitly linked the law to “Operation Midway Blitz” raids and Trump’s enforcement strategy. He said:

“Dropping your kid off at day care, going to the doctor, or attending your classes should not be a life-altering task.”

In his official statement, he described the law as a “nation-leading response” to what he called “lawless and aggressive” immigration enforcement actions under Trump.
See:

What Illinois’ Law Does Not Do

The headlines can give a dangerous sense that “ICE can’t arrest people in Illinois anymore.” That’s not true.

HB 1312 does not:

Stop ICE from making criminal arrests with a judicial warrant.
Prohibit ICE from operating outside the protected buffer zones (e.g., across the street, down the block, at someone’s home, or at work).
Change whether someone with a final deportation order is removable under federal law.
Stop ICE from running surveillance, collecting license-plate data, or checking court dockets from afar.

In practice, the law shifts the battlefield:

Away from “ambush” civil arrests inside courts, hospitals, and daycares, and
Toward home raids, workplace operations, and arrests just outside protected areas.

As Richard Herman, founding attorney of Herman Legal Group, puts it:

“Illinois has given immigrants a real shield around courthouses, hospitals, and schools — but it is still just a shield, not a sanctuary. The risk doesn’t disappear; it moves.”

For broader context on how arrest patterns shift when protections are added, see HLG’s long-form analysis:
Trump’s 2025 Deportation Surge: What Non-Criminal Immigrants Need to Know.

How “ICE-Free Zones” in Santa Clara County Actually Work

Santa Clara County did not copy Illinois’ “ban on civil arrests” model. Instead, it took a property-control approach.

Key elements described in local reporting:

The Board of Supervisors voted to establish “ICE-free zones” on county-owned property.
ICE is blocked from using county parking lots, garages, and other facilities as staging grounds for immigration enforcement operations without authorization.
County officials framed this as building “physical barriers” and locking gates to keep ICE from using public space for arrests.

See:

Supervisor Sylvia Arenas summarized the intent bluntly: ICE is “not welcome on our county facilities and controlled lands.”

Limits of the “ICE-free zone” model

The ordinance:

Does not fully ban ICE arrests in Santa Clara County.
Does not cover city-owned or private property.
Does not prevent ICE from making arrests on public streets just outside county property.

It is a powerful symbolic and practical barrier on county land — but not a global shield over immigrant communities.

Real-World Questions People Are Asking (Illinois & California)

1. If I go to court in Chicago, can ICE still arrest me in the parking lot or on the sidewalk?

Inside the courthouse and designated grounds (parking lots, walkways tied to the facility): civil immigration arrests are banned, unless there is a judicial warrant.
On a sidewalk across the street or down the block: ICE may still try to arrest you.

Illinois advocates warn that court-related arrests are likely to shift slightly off property, not disappear entirely.

2. If my child’s school or daycare is in a “protected zone,” is drop-off safe?

If it is a licensed child-care center or school covered by HB 1312, civil immigration arrests on premises are restricted.
Parking on private property next door, or on an unconnected public sidewalk, is not automatically protected.
Schools are also restricted from sharing immigration-status information, which reduces some risk of data-driven targeting.

3. What happens if DHS ignores these laws — can I sue? Who do I sue?

Under the Illinois Bivens Act part of HB 1312:

A person can sue any individual (including federal officers) who, while conducting civil immigration enforcement, knowingly violates their constitutional rights.
Lawsuits can seek damages and attorneys’ fees.

In addition, institutions (like hospitals, child-care centers, and colleges) can potentially face liability if they unlawfully cooperate or disclose protected information.

Journalistically, this is one of the most under-reported angles: HB 1312 creates a state-level civil-rights cause of action that could become a national template.

4. Do these laws protect me if I have a prior removal order or minor criminal record?

Short answer: No, not in the way most people hope.

The laws regulate where civil arrests can take place and how data can be shared.
They do not erase a final order of removal, nor do they change DHS’s classification of “priorities.”

Someone with a removal order might be safer walking into a protected courthouse — but they may still be targeted at home, at work, or outside the buffer.

For deeper strategy around this risk, HLG’s guide lays out defense and preparation options:
Trump’s 2025 Deportation Surge: What Non-Criminal Immigrants Need to Know.

5. I don’t live in Illinois or California — can my state or city copy this?

Yes. That’s where this story becomes nationally important.

Legislatures can copy the Illinois Bivens Act language to create state-law remedies against abusive civil immigration enforcement.
Counties and cities can borrow the ICE-free zone model, restricting ICE from using public property as staging grounds.

Policy shops, law professors, and organizers will almost certainly cut-and-paste from:

Illinois HB 1312 text
Santa Clara’s Ordinance Code framework:
Santa Clara County Ordinance Code

5 Loopholes ICE Can Still Use Around “Protected” Zones

Even with these laws on the books, ICE still has tools:

Across-the-street arrests
- Wait just beyond courthouse or hospital property lines.
Home raids after court
- Use court-appearance information to plan a home raid later that day.
Workplace enforcement
- Target people at or near their jobs, beyond the reach of courthouse protections.
Data-driven surveillance
- Pull data from DMV, prior applications, and sometimes utility or credit records to locate people.
USCIS interview arrests
- Use information from the new Atlanta Vetting Center to arrange arrests at or near USCIS buildings, which are not protected as “sensitive locations.”
- See HLG’s deep dive:
  USCIS Vetting Center, Atlanta AI Hub & ICE Referrals
  and
  USCIS Interview Arrest Leaked Memo: 5 Shocking Facts.

Practical Safety Steps Before Court, Hospital, or School Visits

Know whether your location is covered by HB 1312 or a similar local ordinance.
Bring only necessary documents — avoid carrying passports for everyone if not needed.
If approached by agents, ask calmly: “Am I free to go?” and “Do you have a warrant signed by a judge?”
Do not sign documents you don’t understand.
Have a plan for family members and childcare in case of detention.
Talk with an immigration lawyer about old removal orders, criminal history, and current applications.

HLG has developed multiple guides on preparing for enforcement, including:

The 50-State Protected-Zone Scorecard: Where Could HB 1312 Be Replicated Next?

Where are Illinois-style protections politically, legally, and operationally possible?

The 50-State Protected-Zone Scorecard (2025)

Green = High feasibility
Yellow = Medium feasibility
Red = Unlikely under current leadership

Region	States	Probability of Adopting Illinois-Style Anti-ICE Zone Protections	Why
High Feasibility States (Blueprint Ready)	Illinois, California, New York, New Jersey, Washington, Oregon, Massachusetts, Vermont, Connecticut, Colorado	High	Already have strong sanctuary frameworks; active AGs; robust university + hospital coalitions; political leadership aligned.
Medium Feasibility Swing States	Michigan, Minnesota, Pennsylvania, Wisconsin, Nevada, New Mexico	Medium	Large immigrant populations; Democratic governors or mixed legislatures; local county governments increasingly assertive.
Local-Only Feasibility (County/City Level)	Texas (Austin, Dallas, Harris County), Florida (Miami-Dade), Georgia (DeKalb), North Carolina (Durham, Charlotte), Ohio (Cleveland, Columbus)	High locally; Zero statewide	Preemption fights likely; however, strong urban immigrant-rights movements can push county-level ICE-free zones.
Low Feasibility / High Preemption Risk	Alabama, Mississippi, Louisiana, Tennessee, Idaho, Wyoming, Oklahoma, Arkansas, Kansas, West Virginia, South Carolina, Kentucky	Low	Anti-sanctuary laws; state preemption; aggressive statewide cooperation agreements with ICE.

Where ICE Actually Sets Up — New Behavioral Patterns After HB 1312

Major outlets are reporting that Illinois banned courthouse arrests. But few are analyzing the next-step ICE behavior.

New, Emerging ICE Behavioral Patterns (Late 2025)

Based on local reporting, eyewitness accounts, FOIA data, federal enforcement briefs, and patterns from 2017–2020, here is HLG’s exclusive analysis of where ICE will likely shift operations after Illinois and Santa Clara’s protections:

1. “Shadow Zones” Outside Protected Property Lines

ICE relocates arrest teams to spots such as:

The first public sidewalk beyond courthouse property
The closest private parking lot not owned by the county
Hospitals’ overflow parking or private garages
University fringe areas not owned by the institution

These “shadow zones” give the appearance of compliance while preserving the element of surprise.

2. Hospital Ambulance Bay Surveillance

Surprisingly, ICE frequently uses:

Public roads behind hospitals
Ambulance bay perimeters
Adjacent service streets

These locations are not technically “inside” or “around” the hospital for purposes of HB 1312 — making them perfect loopholes.

3. “Follow-Out” Arrests After Court

A classic ICE tactic:

Let the person enter the protected zone
Wait until they leave
Follow the vehicle for 1–10 miles
Arrest at a gas station, home, grocery store, intersection

Legally, ICE considers these non-protected arrests.

4. Targeting Children’s Drop-Off Zones Indirectly

We have documented ICE waiting:

At the end of school driveways
Near bus stops
In apartment parking lots across from daycare centers

This circumvents the “school property” protection while maintaining functional control.

5. USCIS Interview Ambushes (Atlanta Model)

ICE is increasingly pulling data from the Atlanta Vetting Center and targeting people immediately before or after USCIS interviews:

Parking lots of strip malls housing USCIS
Shared lobbies
Entrances of neighboring businesses
Hotels used by out-of-state applicants

This is a core insight in:
USCIS Interview Arrest Leaked Memo: 5 Shocking Facts

The Unseen Players: Hospitals, Universities, and Daycares Are the New Frontline — And No One Is Prepared

Institutions Now Legally Exposed (Illinois HB 1312)

Under Illinois’ new law, the following institutions may face legal exposure for cooperating with civil immigration enforcement:

Hospitals & ER intake desks
Public and private universities
Licensed daycare centers and preschools
Community health centers
K–12 schools with early childhood programs

Most of these institutions:

Have no legal training on HB 1312
Have no internal protocol
Have never issued staff guidance
Are often confused about warrants, subpoenas, vs. ICE requests

Why this matters

Institutions may now commit civil-rights violations by accident — and become targets of lawsuits.

What journalists can do with this

Ask hospitals for their “HB 1312 compliance policy.”
Email university police departments to see if they trained staff.
Request public records on ICE interactions with daycare centers.
Investigate whether school resource officers understand the law.

Model Language: The Exact Bill Text Other States Can Copy”

Policy shops, city councils, and state legislators should bookmark and cite this page.

Copy-and-Paste: Illinois-Style “Protected Zone” Template

Lawmakers can insert this language into a bill :

“No person shall be subject to civil immigration arrest, questioning, or detention within, or in the immediate vicinity of, any courthouse, hospital, licensed child-care facility, early childhood center, or institution of higher education.

A civil action for damages may be brought against any individual who, under color of law, engages in civil immigration enforcement in violation of constitutional or statutory rights. Statutory damages shall be no less than $10,000 per violation.”

Immigrant Safety Index: How to Measure Your Personal Risk Under HB 1312 vs. Trump 2025 Policies

The 2025 Immigrant Safety Index (ISI)™ — HLG Exclusive

Risk Factor	Weight	Why
Final Order of Removal	Very High	ICE priority #1
Pending USCIS Application	Medium	Vetting Center triggers
Nationality from “High-Risk List”	High	19-country list
Criminal Contact (even dismissed)	High	Arrest database access
Location of Daily Travel	Medium/High	Near vs. outside protected zones
Type of Employment	Medium	Workplace raids rising
Mixed-Status Family	Medium	Family targeting patterns
Visits to Hospitals/Schools	Lower but situational	Protected on-site, vulnerable off-site

People WANT to know:

“What is my personal risk score?”

This chart will help assess risk level.

Big FAQ: 15+

Q1. Are USCIS buildings covered by Illinois’ law?
No. HB 1312 focuses on state courthouses and facilities (plus hospitals, child-care, higher ed). Federal USCIS offices are not protected.

Q2. Can ICE enter a hospital ER to arrest someone?
HB 1312 significantly limits civil immigration arrests in hospitals and clinics. Criminal warrants, or emergencies involving serious crime, are different.

Q3. Are churches and mosques protected?
They are not specifically listed in HB 1312, though DHS has long treated faith spaces as “sensitive locations” in prior guidance. That guidance is being tested under Trump’s 2025 policies.

Q4. Can ICE still arrest someone in a courthouse parking garage?
If the garage is part of the courthouse facility, the law aims to make that off-limits for civil immigration arrests. There will likely be litigation over the edges of what counts as “in and around.”

Q5. Does the Illinois Bivens Act really allow suing federal officers?
Yes. HB 1312 is designed to create a state-law cause of action against individuals engaged in civil immigration enforcement who violate constitutional rights. Federal defenses like qualified immunity may still apply, but the door is open.

Q6. Do “ICE-free zones” in Santa Clara cover jail sally ports?
No, not fully. The ordinance language focuses on public-facing county properties like parking lots and buildings. Custody transfers between jails and ICE remain a contested area.

Q7. Can schools still call ICE on a student or parent?
The Illinois law restricts schools and child-care centers from disclosing or threatening to disclose immigration-status information in most circumstances. It is meant to deter weaponizing status.

Q8. Can a private landlord or employer invite ICE onto their property?
These laws don’t stop that. Private cooperation with ICE is a separate problem local ordinances have limited ability to regulate.

Q9. Does any of this apply outside Illinois and California?
Not directly — but HB 1312 and the Santa Clara ordinance are already being discussed as models in other states and counties.

Q10. How does this interact with “sanctuary city” laws?
Sanctuary policies usually limit information-sharing and cooperation by local authorities. HB 1312 goes further by creating civil liability and explicit arrest-free zones.

Q11. Can ICE agents wear masks or hide their IDs in Illinois?
Illinois lawmakers have also moved to restrict masked, unidentified officers during civil enforcement. HB 1312 and companion measures target anonymous, unmarked operations.

Q12. Are people with DACA, TPS, or pending asylum safer under these laws?
They may be safer in certain locations (courts, hospitals, daycares) but remain at risk in homes, workplaces, and other public spaces.

Q13. How does this relate to operation “Midway Blitz”?
Legislators explicitly cited “Operation Midway Blitz” — a mass interior enforcement campaign in the Chicago area — as the trigger for HB 1312’s protections.

Q14. Are reporters and court staff protected if they witness an unlawful arrest?
Yes, to the extent they are also “persons” whose constitutional rights may be implicated. But the main focus is on targets of civil immigration enforcement.

Q15. Does this law stop ICE from collaborating with local police at all?
No. It narrows certain kinds of cooperation and restricts how local institutions respond to ICE, but federal–local entanglement remains a big issue.

Resource Directory (For Organizers, Journalists, and Families)

Illinois & HB 1312

Santa Clara & ICE-Free Zones

Herman Legal Group Deep Dives

Call an Expert

If you live in Illinois, California, or any state where ICE activity is rising, and you’re unsure what these new laws mean for your next court date, hospital visit, or school drop-off, don’t guess.

Herman Legal Group can:

Review your immigration history (including old removal orders).
Assess your risk profile under Trump’s 2025 enforcement policies.
Help you design a safety and documentation plan for court, hospitals, and interviews.

👉 Schedule a confidential consultation with Herman Legal Group

Success Stories

Shielded or Still at Risk? How Illinois’ New Anti-ICE Law & “ICE-Free Zones” Really Work in 2025

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