- United States
- Ill.
- Letter
An Open Letter
To: Sen. Durbin, Sen. Duckworth
From: A verified voter in Chicago, IL
January 12
I am writing as a constituent to strongly oppose S.3179, commonly referred to as the “Halo Act.” This legislation raises serious constitutional, practical, and civil-liberties concerns. In particular, it threatens the long-recognized First Amendment right of the public to observe, document, and protest government action — including law enforcement activity — so long as that activity is peaceful and non-interfering. Federal courts have consistently affirmed that the public has a constitutional right to observe and record law enforcement in public spaces. This bill would undermine that right by creating a vague and punitive buffer zone around immigration officers, enforced at the discretion of those same officers. At a time when public oversight is more important than ever, restricting observation erodes trust and accountability. I am also deeply concerned by the real-world context in which this bill is being proposed. Across the country, peaceful protesters — including journalists, legal observers, and bystanders — have increasingly faced aggressive law enforcement responses. Against that backdrop, granting additional criminal penalties for mere proximity to officers risks escalating conflict rather than ensuring safety. The bill’s language is troublingly vague and invites arbitrary enforcement. For example: - How quickly must a person comply with a verbal warning? - How is a civilian expected to accurately judge a 25-foot distance in a dynamic, crowded public space? - Who determines intent, and based on what objective standard? - How would lawful activities such as filming, chanting, or remaining stationary be distinguished from “impeding” or “harassing”? Such ambiguity chills lawful speech and assembly, as individuals may avoid constitutionally protected protest or observation out of fear of arrest or prosecution. Laws that restrict fundamental rights must be narrowly tailored and clearly defined; this proposal fails that standard. Protecting public safety and protecting constitutional freedoms are not mutually exclusive. This legislation does not strike that balance. Instead, it risks criminalizing peaceful civic participation and weakening democratic oversight of government power. I urge you to oppose S.3179 and any similar legislation that infringes on First Amendment rights under the guise of public order. I ask that you stand up for clear laws, constitutional protections, and the right of the public to peacefully observe and protest government actions. Thank you for your time and consideration.
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