Illinois And Federal Law: A Breach Of Trust?

Illinois residents are subject to both Illinois state laws and US federal laws. While federal laws apply across all 50 states, Illinois has its own set of state laws, including the Illinois Constitution and laws passed by the Illinois legislature. In recent years, there have been questions about whether Illinois is breaking federal law, particularly in the areas of gun control and immigration.

Illinois' assault weapons ban

The law was enacted in response to numerous mass shootings across the country, including a deadly shooting at an Independence Day parade in Highland Park, Illinois, in the summer of 2022. The ban prohibits the manufacturing, sale, purchase, and possession of all AK rifles and similar weapons in the state.

PICA faced immediate legal challenges, with multiple lawsuits filed in state and federal courts. The law was upheld by the Illinois Supreme Court in August 2023, but broader claims that it violates the Second Amendment of the U.S. Constitution are still under dispute.

In April 2023, a federal judge, Stephen McGlynn, granted a preliminary injunction to block the enforcement of the law, stating that the plaintiffs were likely to prevail in the end. However, this decision was appealed, and in December 2024, the 7th Circuit Court of Appeals in Chicago granted the state's motion to delay the order, allowing the assault weapons ban to remain in place.

The legal battle over the constitutionality of PICA is ongoing, with the state's attorney general, Kwame Raoul, committed to defending the law. The outcome of the case will have significant implications for gun control measures in Illinois and potentially set a precedent for similar laws in other states.

Illinois' stance on federal deportation

Illinois has been passing laws that not only protect undocumented immigrants but also help them avoid detection. In January 2025, HB 5164 passed in both houses of the Illinois Congress and is now awaiting the signature of Governor J.B. Pritzker. The bill addresses "resident" name changes, lowering the residency requirement from six months to three and allowing petitioners to keep these name change documents from becoming public. The petitioners would also be able to keep their address information private.

Illinois has also passed HB3882 in 2023, allowing undocumented immigrants to obtain a "standard identification card", replacing the former classification of a "non-compliant identification card". In addition, the state has made it a human rights violation for anyone involved in real estate transactions to discriminate based on immigration status.

Governor Pritzker has publicly declared his intention to resist certain Trump administration deportation policies, specifically those targeting non-violent undocumented immigrants. He has expressed strong support for deporting violent criminals while emphasizing his commitment to protecting law-abiding undocumented residents. Pritzker outlined his state's stance on immigration enforcement, highlighting existing Illinois laws that limit local law enforcement cooperation with federal authorities in cases involving non-violent undocumented individuals.

Illinois does not have any detention centres due to the Way Forward Act, a state law enacted in 2021 that prohibits cooperation between local law enforcement and federal deportation authorities. As a result, detainees are transported to detention centres in neighbouring states.

The state and its largest city, Chicago, maintain sanctuary policies that restrict local authorities from cooperating with federal immigration enforcement for non-violent cases. These policies have become a focal point of conflict between state and federal authorities.

Illinois' labour laws

Illinois labour laws cover a range of topics, including wages, benefits, safety, and health. Here is an overview of some key aspects:

Wages

Illinois labour laws outline specific guidelines for wage distribution, promoting fairness and clarity. Employers must adhere to bi-monthly payment schedules and ensure employees receive their earnings within 13 days after a pay period ends. The state mandates a minimum wage of $15.00 per hour for workers aged 18 and older, with certain exceptions for employees who receive gratuities, learners, and those with physical and mental limitations. Overtime pay is also addressed, with requirements for time-and-a-half compensation after 40 hours of work per week.

Employee Entitlements

Illinois law provides various leave entitlements for salaried employees, including medical and family leave, blood donation leave, bereavement leave, and school leave. The state also mandates meal and rest breaks, with at least 20 minutes of meal breaks for every 7.5-hour shift and additional breaks for longer shifts.

Deductions

Employers are allowed to make certain deductions from employee paychecks, such as taxes, employee benefits, and union dues, provided that employees receive an itemized statement of deductions for each pay period. However, employers cannot make deductions for items like unpaid vacation or wages under certain circumstances.

Termination of Employment

Illinois has introduced the "just cause" regulation, which requires employers to have a justified reason for terminating an employee, such as poor performance or economic necessity. Employers also have obligations to provide severance pay and issue the final paycheck promptly upon separation or by the next regular payday.

Worker Misclassification

Misclassification occurs when employers treat workers as "independent contractors" instead of employees. This is illegal in Illinois, and employers must correctly classify their workers to avoid legal and financial repercussions.

Workplace Safety and Health

The Occupational Safety and Health Administration (OSHA) establishes and enforces protective standards for workplaces in Illinois, ensuring safe and healthy working conditions for employees.

Illinois' stance on abortion

Illinois has some of the most progressive abortion laws in the country, and its stance on the issue is clear. The state has taken a strong position in favour of reproductive rights and gender-affirming care, with Governor JB Pritzker signing the Reproductive Rights and Gender Affirming Care Omnibus Bill into law in January 2023. This bill protects healthcare providers and their patients from legal attacks by neighbouring states and expands healthcare access and options across the state.

Illinois law ensures that abortion is legal for all people. In Illinois, individuals have the fundamental right to make decisions about their reproductive healthcare, regardless of age, gender identity, sexual orientation, immigration status, race, ethnicity, or disability status. This right is guaranteed even if the individual is in state custody, control, or supervision, including in jail or prison. Illinois law also allows minors to seek abortion services without parental consent and ensures confidentiality.

The state's Medicaid programme and most private health insurance plans are required to cover abortion care. The bill also expands access to reproductive healthcare by broadening the scope of care certain healthcare professionals can provide. For example, Advanced Practice Registered Nurses and Physician Assistants can now provide abortions within their scope of practice. Additionally, birth centres can provide a broader range of reproductive healthcare services beyond their previous offerings for pregnant people and new parents.

Illinois has also taken steps to address deceptive practices by organisations claiming to offer comprehensive family planning services. These organisations, often called "Crisis Pregnancy Centres" or "Pregnancy Resource Centres," provide misleading information to prevent individuals from having abortions. Illinois law requires medical providers with religious objections to providing abortions to offer information about alternative services, and individuals are entitled to leave a clinic or centre if they feel pressured or lied to.

The state has also passed laws protecting illegal immigrants and helping them avoid detection. For instance, Illinois passed HB3882 in 2023, allowing illegal immigrants to obtain a "standard identification card." Additionally, the state made it a human rights violation for anyone involved in real estate transactions to discriminate based on immigration status. These laws demonstrate Illinois's commitment to protecting vulnerable populations, including both women seeking abortions and illegal immigrants.

Illinois' gun laws

Illinois has some of the strictest gun laws in the country, but it is surrounded by states with much weaker laws, and many guns trafficked in Illinois are purchased out-of-state. In 2023, Illinois lawmakers passed a weapons ban in response to mass shootings across the country. The ban included the sale, purchase, and manufacture of a wide range of firearms, defined as assault weapons, as well as large-capacity magazines and certain kinds of attachments.

In Illinois, it is unlawful to sell or give any handgun to a person under 18, or any firearm to a person who is not eligible to obtain a Firearms Owner's Identification Card (FOID). A FOID is required to be shown when purchasing any firearms or ammunition, and any seller must withhold delivery of any firearm for 72 hours after the buyer and seller reach an agreement. The waiting period does not apply to a buyer who is a dealer, law enforcement officer, or a non-resident at a gun show recognised by the Illinois Department of State Police. The seller must retain a record of the transfer for 10 years, including a description of the firearm, the identity of the buyer, and the buyer's FOID number. Private parties selling firearms at gun shows must ensure the buyer has a FOID card and must also undergo a background check.

To qualify for a license to conceal carry, an Illinois resident must be fingerprinted, undergo 16 hours of training, and be at least 21 years old with a valid FOID card. Illinois will not recognise carry licenses or permits from other states, however, non-resident Illinois Concealed Carry Licenses are available with an increased fee of $300 if the applicant's state's concealed-carry license laws are "substantially similar" to Illinois'.

In November 2024, a federal court judge struck down Illinois' ban on assault weapons and large-capacity magazines. Judge Stephen McGlynn wrote:

> Court holds that the provisions of PICA criminalizing the knowing possession of specific semiautomatic rifles, shotguns, magazines, and attachments are unconstitutional under the Second Amendment to the United States Constitution.

However, in January 2025, an appeals court kept the ban in place, stating that the laws "have enough support to remain in place pending the final resolution of plaintiffs' suit."

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