The top prosecutor in Kendall County said “usurping federal authority is always a bad idea” when he was asked about a recent state law blocking federal agents from making civil arrests in state courthouses.

Chief judges in Will and Kendall counties won’t comment on the law in case there is a legal challenge. Senate President Don Harmon, D-Oak Park, one of the sponsors of the legislation, anticipated there would be such a challenge, according to Capitol News Illinois.

On Dec. 9, Gov. JB Pritzker signed a bill that included protections from “unjust federal actions” from the administration of U.S. President Trump in the wake of the controversial Operation Midway Blitz.

One of the measures of the law includes the Court Access, Safety, and Participation Act. The measure prohibits the civil arrest of anyone in and around courthouses who are attending certain state court proceedings.

The measure considers the arrest of Illinois residents for “civil, non-criminal matters,” something that “threatens the fair administration of justice” in the state if they are attending court proceedings as parties, witnesses, potential witnesses or court companions.

“The Trump administration’s aggressive courthouse sweeps discouraged participation in the courts and seriously hampered the court’s ability to administer justice for Illinois residents,” according to a statement from Martín Klein, legislative staff attorney for the Mexican American Legal Defense and Educational Fund.

The U.S. Department of Homeland Security accused Pritzker of violating the supremacy clause of the U.S. Constitution, which declares federal law cannot be superseded, according to an Associated Press report.

On Dec. 11, Will County Chief Judge Dan Kennedy said the “court cannot comment on the law since it may become the basis for litigation in the circuit court.”

“With regard to a response to the law, the security of the courthouse is the responsibility of the Will County sheriff, and the court will continue to respect the decisions he and his staff make and we will fully cooperate with them to ensure the safety of all those using and working in the facility,” Kennedy said.

Stephen Krentz, the chief judge of the 23rd Judicial Circuit, also declined to comment on the legislation because any litigation brought pursuant to the newly enacted legislation would likely be heard in his courtroom.

The 23rd Judicial Circuit includes Kendall and DeKalb counties.

The judicial circuit did address the issue of ICE in an administrative order filed last May under the former chief judge, Bradley Waller.

The administrative order required all law enforcement, including federal agents, to notify court security before apprehending anyone in their courthouse. Law enforcement are required to arrest people in a way that “minimizes the impact on court proceedings.”

“No apprehensions shall take place within a courtroom unless authorized by the chief judge or presiding judge or in the event of a disturbance that results in interfering with court proceedings,” according to Waller’s order.

Impact on Will, Kendall County

In an interview on Dec. 10, Will County Sheriff Deputy Chief Dan Jungles, who is running for sheriff next year, said he doesn’t think the new law affects the sheriff’s office because “we adhere to the TRUST Act” and do not assist in federal immigration enforcement.

Although Jungles said he has reached out to Will County State’s Attorney James Glasgow’s Office for legal guidance.

The TRUST Act generally prohibits local law enforcement in Illinois from participating in federal immigration enforcement, according to Illinois Attorney General Kwame Raoul’s Office.

This year, Will County reached an $85,000 settlement in a federal lawsuit that claimed a sheriff’s sergeant and a former prosecutor had violated the TRUST Act during their efforts to secure the testimony of an immigrant who was the key witness in a 2017 reckless homicide case.

In a recent interview with conservative radio host Dan Proft, Glasgow spoke about his views on immigration.

Glasgow said he is not against immigration and he is the son of an Irish immigrant who came to the U.S. and “never got any government aid.”

“That’s the way immigration was originally designed in this country and we see what it’s turned into,” Glasgow said.

He said if someone is in the country illegally, that’s “unlawful.”

“You don’t have a lawful right to be here and they keep talking about it being a civil issue. It is not a civil issue. Under the federal statute, it is a misdemeanor and it is punishable by up to six months in jail,” Glasgow said.

Entering the U.S. without being inspected and admitted, also known as illegal entry, is a misdemeanor or can be a felony, depending on the circumstances, according to the American Civil Liberties Union.

“But many undocumented immigrants do not enter the United States illegally. They enter legally but overstay, work without authorization, drop out of school or violate the conditions of their visas in some other way,” according to the ACLU.

Undocumented presence in the U.S. is only criminally punishable if it occurs after someone was previously formally removed from the country and then returned without permission, according to the ACLU.

Kendall County State’s Attorney Eric Weis voiced concerns about the legislation.

“Usurping federal authority is always a bad idea when it comes to federal issues that don’t concern the state,” he said. “I’m sure there will be challenges to that at some point. It limits the authority of the federal government to do what they’re legally allowed to do...To prevent one governmental entity from assisting another governmental entity when it comes to enforcing the laws always seems like a bad idea in general, not just when it comes to this issue.”

ICE activity at courthouses

On Dec. 10, Jungles said he was not personally aware of any ICE arrests taking place at the courthouse but it’s possible the security for the building knows.

In a recent The 815 Has Problems podcast, Will County Executive Jennifer Bertino-Tarrant said “ICE has been coming to Will County forever.”

“They’ve gone to our courthouse for years and years. Their presence is not new. What is new is how it has become much more aggressive is what’s new,” Bertino-Tarrant said.

Last October, Bertino-Tarrant’s office issued an executive order that restricts federal immigration activity on county-owned property.

ICE has yet to confirm whether they were the federal agency that took a person into custody on July 24 at the Will County Courthouse.

Kevin Hedemark, the late sheriff’s office spokesman, was not sure whether it was ICE. He said the sheriff’s office did not have details on the arrest.

“Law enforcement officers, including federal agents, are regularly present at the Will County Courthouse. They are not required to disclose the reason for their visit and it is not the policy of the Will County Sheriff’s Office to inquire about their purpose on site. As a result, it is not possible to determine which agencies or officers may be present at any given time,” Hedemark said.