In October, the Illinois Legislature passed the Bivens Act, which provides new state-level protections for individuals interacting with Illinois courts, hospitals, schools, and child-care centers during civil immigration enforcement activities. Writing at Justia Verdict, Professors Jason Mazzone and Vikram Amar praise the law as “an important and innovative law in keeping with the proudest tradition of federalism”; however, they note that some aspects of the Act are unlikely to survive federal constitutional challenges. In their article, they explain why the law is good and why some parts are destined to be struck down.
