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Immigration Debrief: April 2026

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On Tuesday, April 14th, the Committee on Immigrant and Refugee Rights hosted a virtual Immigration Briefing with our community partners to cover the most recent updates in immigration.

As always, none of the below should be considered legal advice! The federal policy and legal landscape around immigration is changing rapidly, so any of the information below may soon be out of date. If you’re concerned that any of these updates may impact you, we recommend getting an immigration screening from an attorney. Visit illinoisimmigrationinfo.org/legal to get connected with legal support.

Immigration Updates

Holding Federal Agents Accountable

In the fall of 2025 and 2026 thus far, we have seen a horrifying escalation of violence by federal agents against U.S. civilians: including the shooting of Miramar Martinez, and the killings of Silverio Villegas-Gonzalez, Renee Good, Alex Pretti, and others.

None of these are isolated incidents. They are a direct consequence of the federal government operating outside of due process. As a result, the public is calling for much-needed accountability for ICE and border patrol agents operating outside of the law. 

While federal agents do not have blanket immunity, as the Trump-Vance administration has claimed, there are barriers to litigation. While state and local law enforcement can be sued under 42 USC §1983 for constitutional violations, this section does not apply to federal law enforcement officers.

Historically, federal agents who violate the constitution are held accountable by the executive branch, e.g. the Department of Justice. However, the current administration shows no inclination for doing so. 

Under the law, both federal and state governments have the power to investigate possible criminal prosecutions. But there are logistical hurdles to doing so, due to the Supremacy Clause. The federal branch may impede local investigations by withholding evidence due to jurisdictional issues, e.g. in the case against Jonathan Ross, the ICE agent who killed Renee Good, during which the U.S. Attorney’s Office claimed to have federal jurisdiction, and blocked Minnesota officials from obtaining evidence.

To overcome the supremacy clause, the state would have to show that an officer’s actions were outside of their official duties or that the conduct was unreasonable, and even if that standard is met, the Supremacy Clause also allows the case to be removed from state court and moved to federal court––and federal officials are pushing for the dismissal of these lawsuits to avoid the investigative discovery phase. 

But this work will take time. Our current legal frameworks operate under the assumption that the federal branch would not operate in blatant disregard of the law. However, the Trump Administration has displayed a documented and unprecedented pattern of disregarding court orders and constitutional protections, and wilfully misinterpreting the law.

That means that many of our mechanisms of accountability are not effective in finding remedies for those whose rights have been violated in the short-term. But are still using those avenues to push for accountability and highlight the gaps in the system, so that long-term, we can achieve justice. 

So where does that leave us? Many states, including Illinois, are working to expand protections under the law and find creative ways to create mechanisms of accountability. In Chicago, there are strong collaborative efforts among all levels of community: from grassroots organizers, to local government officials. 

Here are some of the accountability mechanisms we have in Illinois:

  • Civilian Office of Police Accountability (COPA) was recently authorized to investigate CPD officers for violations of the Welcoming City Ordinance, due the work of the Committee and Ald. Fuentes!
  • Illinois Accountability Commission is an independent commission created to document the misconduct of federal agents, with the goal of creating a public record of abuses, examining the impact on families and communities, and recommending actions for harm reduction and restoration of justice.
  • Cook County State’s Attorney’s Charging Protocol: Cook County State’s attorney’s office also created a charging protocol to investigate how it can move forward with prosecuting ICE agents, and to determine whether felony charges are warranted. This protocol applies in cases involving death, shooting, acts of violence, or use of force related to federal immigration enforcement.  

It’s important to remember that change takes time, and it takes community. But if all of us continue to demand better policies and accountability, we will ultimately create a better and more just future.

As many Chicagoans are aware, ICE has been present at O’Hare Airport for several weeks, which has caused unnecessary stress and elevated risk for those traveling via the airport. 

If you do not have status, it’s a good idea to create a Travel Emergency Preparedness Plan, and know your rights before traveling, especially when it comes to AI-driven biometric systems and facial recognition technology. Find out more on your rights while traveling here:

Over the past two months, there have also been reports of ICE presence in Cook County courthouses in recent weeks, including:

  • The Domestic Violence Courthouse at 555 W. Harrison Street
  • The Branch Courthouse at 727 E. 111th Street

The State of Illinois passed a law prohibiting civil arrests from taking place at all local courthouses, so the presence of ICE is a blatant violation of our laws. In the meantime, advocates and attorneys recommend that anyone at risk have an emergency plan, and consider a virtual hearing where possible. 

DHS Funding

As of today, the Department of Homeland Security is still shutdown, which marks the longest shutdown in the agency’s history. After a two-week recess, the House and Senate are now poised to end the shutdown.

In late March, the Senate passed a landmark bill that, for the first time in DHS’s history, cut annual funds for ICE and for CBP’s Border Patrol, which is a direct result of community advocacy across the country! While the House of Representatives refused to pass that bill, it was still a huge victory. 

As of April 1st, the House Speaker Mike Johnson and the Senate Majority leader announced a two track approach, which would: 

  • Fund DHS through September, without funding for ICE and CBP
  • Fund ICE and CBP through another budget reconciliation bill for another three years.

They are attempting to subvert the normal annual funding process, and we encourage community members to continue reaching out to their Congressional representatives to hold firm! 

Supreme Court Updates

Birthright Citizenship

Trump v. Barbara, also known as the Birthright Citizenship case, is currently before the Supreme Court. The Supreme Court is currently hearing oral arguments on the case, and will issue a decision on whether the Trump administration’s attempts to limit the 14th amendment rights to children born to undocumented people, or people with temporary status, is Constitutional.

Our hope is that Supreme Court justices will choose not to overturn 150 years of constitutional law, and we are grateful to the ACLU for their work on this case. Arguments were held on April 1st, but we are not expecting a decision until June or July. 

TPS

The Supreme Court will also hear oral arguments on cases related to the termination of TPS for Haiti and Syria. The Supreme Court will decide on whether courts can block TPS decisions made by the Department of Homeland Security, which will impact not only Haitian and Syrian TPS, but also any pending litigation related to TPS.

Oral arguments have been scheduled for the end of April, but there will likely not be a decision until June or July.

Asylum Turn Back Policy

The last case being heard by the Supreme Court is the Turn Back Policy. CBP officers stationed at the border were instructed to turn away asylum seekers once they reached daily quotas. CBP officers physically prevented them from stepping onto U.S. soil and undergoing mandatory inspection and processing. Instead, they were told to return to Mexico and wait, without any details on when they can get an appointment for processing––forcing asylum seekers to face major safety risks in border towns. 

Those challenging this policy are arguing that it is unlawful to turn back asylum seekers, while the federal government holds that it has the right to decide how many people to let in. Oral arguments were already held, but the decision will likely happen in June or July.

State Legislative Updates

The NIJC is working with Illinois state legislators on two potential bills:

  • HB4890 (Ashley’s Bill) creates an avenue for unaccompanied children in the custody of the federal Office of Refugee Resettlement (ORR) housed in Illinois to access “predicate orders”. With a predicate order, unaccompanied children in federal custody will be able to apply for protection in the form of Special Immigrant Juvenile Status (SIJS), while remaining in federal custody. If granted SIJS, a child has a pathway to permanent residency in the future.
  • HB4367/SB1266 (Post-conviction Relief Bill): will give people who have claims of actual innocence––or people who would not have pleaded guilty if they had known the immigration consequences of a plea deal––a legal pathway to challenge those convictions.

Good News!

  • IL House advanced HB5024, which prevents detention facilities from being located or constructed nearby schools, daycare centers, public housing, places of worship, and other sensitive locations. 
  • A federal judge ordered the Trump administration to restore parole status for more than 900,000 migrants allowed into the U.S. during the Biden administration.

Calls to Action

There are a lot of ways to get involved to support our immigrant and refugee communities! There are several opportunities this month to make your voice heard by your city and federal representatives:

For more on how you can support immigrants and refugees in our communities, visit the CIRR Protecting Immigrant Rights page and Illinois Immigration Info to find out how you can get more involved.

We also have a number of trainings and workshops coming up for both immigrants and members of the community who want to learn how to support immigrants in their community:

  • Virtual Train the Trainer: Short-term Guardianship
    • Wednesday, April 15th, 12–1PM (English) 
    • Friday, April 17th 12–1PM (Spanish)
    • Register: bit.ly/CIRRTrainer
  • Virtual Immigration Workshop: Public Charge & ICE Enforcement
    • Tuesday, April 28th, 6pm-7:30pm (English) 
    • Register here: CIRRImmigration

Learn more about these and other upcoming events at 40thward.org/CIRREvents!

The next immigration briefing will be on Tuesday, May 12th at 1pm! Register at bit.ly/CIRRBriefing.

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