Reminds Law Enforcement of Responsibilities Under Illinois TRUST Act
Chicago – As people in Chicago, Los Angeles and cities around the nation peacefully protest unlawful policies and orders issued by the Trump administration, Attorney General Kwame Raoul today released guidance to help them do so safely. Raoul’s “Know Your Rights Advisory: Safely Participating in Peaceful Protests in Illinois” is available on the Attorney General’s website to help Illinois residents understand their rights and responsibilities while participating in protected First Amendment protests. Attorney General Raoul also issued a guidance summary to ensure local law enforcement officials understand key provisions of the Illinois TRUST Act, which generally prohibits state and local law enforcement from participating in federal civil immigration enforcement.
“It is impossible to ignore the widespread injustice taking place around the nation at the direction of the Trump administration, and it is incumbent upon all of us to speak out and protest these egregious abuses of power. However, protesters have a responsibility to follow the law and express their views peacefully,” Raoul said. “Acts of violence, destruction of property and obstruction of law enforcement are unacceptable, and local law enforcement is responsible for addressing such acts. Local law enforcement officers in Illinois have already shown that they are fully capable of protecting protesters, the public and free speech. I encourage people to review the ‘Know Your Rights Advisory’ on my office’s website before participating in a demonstration. This moment demands that we all use our voices in protest, but it is up to protesters and local law enforcement officers together to maintain public safety at such demonstrations.”
The right to free speech and peaceable assembly protected by the First Amendment includes the right to participate in protests, marches and demonstrations. However, protesters are responsible for expressing their views peacefully and obeying orders issued by local law enforcement. Physical violence, destruction of property, criminal trespass onto private property or other criminal activities are not protected by the First Amendment. Local law enforcement officers may take appropriate crowd management and traffic control measures if needed.
Attorney General Raoul is also reminding demonstrators that it is a federal crime to assault, intimidate or interfere with an officer or employee of the U.S. government while performing official duties, or to obstruct or impede a federal civil immigration enforcement operation.
Illinois’ TRUST Act generally prohibits local law enforcement from participating in civil immigration enforcement. Although the law does not prevent local law enforcement officers from taking action to maintain peace and ensure public safety in their jurisdictions, officers must respect the constitutional and civil rights of all individuals at all times. Local law enforcement officers may not stop, arrest or detain anyone based solely on citizenship or immigration status.
The Attorney General’s “Know Your Rights Advisory: Safely Participating in Peaceful Protests in Illinois” and “Guidance Summary: Key Provisions of the Illinois TRUST Act” contain more information and are available to all on the Attorney General’s website.
Attorney General Raoul urges anyone who believes their rights or someone else’s rights are being violated to remain calm, document all relevant information and do not use force or otherwise resist arrest. Individuals who need to report alleged civil rights violations or alleged violations of the TRUST Act by law enforcement should contact the Attorney General’s Civil Rights Bureau by calling 1-877-581-3692 or by emailing civilrights@ilag.gov.
