Professor of Law Emeritus William C. Banks spoke with the Wall Street Journal on Illinois Governor Pritzker’s establishment of the Illinois Accountability Commission in response to document federal immigration enforcement in Illinois.
Local or state prosecution over federal law-enforcement activity is uncommon, said Banks. While agents could be charged, they have broad authority to legally carry out their duties.
“It seems like they’re taking a very thoughtful approach to this,” Banks said of Illinois. “They have only certain cards that they can play, but this is one of them—and if they play it strategically and thoughtfully, it may be effective.”