JONATHAN TURLEY: Why blue states' new anti-ICE laws are unconstitutional virtue signaling
New sanctuary law allows suspects to claim protection in buffer zones around state buildings
By Jonathan Turley Fox News
Published November 2, 2025 8:07am EST
Illinois has now joined California and Connecticut in barring federal immigration agents from conducting "civil arrests" of illegal aliens in or around state courthouses. The sanctuary law appears largely performative since it also appears unconstitutional. It is difficult to see how a state can bar the exercise of federal jurisdiction, at least after the Civil War.
Gov. JB Pritzker has been ratcheting up the rhetoric against ICE and the Trump Administration for months, including analogies to the Nazis and claims that democracy is dying. The new law, however, crosses the constitutional Rubicon by not only limiting the operation of Immigration and Customs Enforcement (ICE) but also establishing a 1,000-foot "buffer zone" outside of buildings.
The law makes courthouses equivalent to churches, where suspects can claim sanctuary not only when they cross the threshold but also within 1000 feet, unless, of course, ICE ignores the law.
Recently, the chief judge in Cook County issued an order with the same prohibition. A few other judges in other states have issued similar orders.
The authority for the orders is highly dubious.
The federal government can cite laws mandating the arrest of certain individuals for immigration violations, including mandatory detention of certain aliens who are removable due to criminal convictions or terrorist activities and detention and removal of aliens with final orders of removal.
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https://www.foxnews.com/opinion/jonathan-turley-why-blue-states-new-anti-ice-laws-unconstitutional-virtue-signaling
