DOJ says Illinois obstructed ICE agents, released noncitizen offenders
WASHINGTON D.C. (WTVO) — The U.S. Department of Justice says Illinois released several noncitizen migrants who were later arrested for subsequent crimes, including homicide and sexual assault of children, as it makes the case for how the state's laws obstruct federal immigration authorities.
The DOJ filed a for its motion for summary judgment against Illinois's sanctuary laws, arguing that the federal government has authority over immigration law and enforcement.
'Congress recently expanded the list of crimes that can trigger mandatory detention requirements to include burglary, theft, larceny, shoplifting, or assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person,' the DOJ said. 'Defendants' sanctuary policies cause significant harm to federal immigration enforcement and public safety by not honoring immigration detention orders, or helping facilitate access to detainees in local custody.'
In its filing, the DOJ said Illinois obstructs efforts by Immigration and Customs Enforcement to remove criminal aliens from the country.
Illinois prevents local authorities from cooperating with U.S. Customs and Immigration Enforcement (ICE) by way of the TRUST Act, the Way Forward Act, the Welcoming City Act, and a Cook County ordinance.
The lawsuit claims those laws violate the Supremacy Clause of the U.S. Constitution.
According to the DOJ, ICE will issue a 'detainer' to local law enforcement when a noncitizen is held in custody for a crime.
'Illinois state and local officers do not honor ICE detainers, including by allowing ICE access to aliens in their facilities – even in otherwise public areas of those facilities – for the purpose of safely transferring aliens into federal custody,' the statement reads.
'While ICE is undertaking re-apprehension efforts, the alien remains at-large in the community and free to commit further crimes or otherwise threaten public safety,' the DOJ said.
In its statement of material facts, the Justice Department highlighted several cases where detainer requests received no response, and the offender went on to commit subsequent crimes, including:
a migrant being held in Cook County for domestic violence charges in August 2024 was released and subsequently charged with aggravated criminal sexual assault and abuse of a minor in September 2024;
A migrant held in Cook County for criminal trespass was released in September 2024 and later arrested in Will County for the same offense.
A migrant held in McHenry County on charges of possession of a stolen vehicle in September 2024 was released and later charged with aggravated criminal sexual abuse of a minor, traveling to meet a minor, and contributing to the delinquency of a minor in Elgin in October 2024;
A migrant held in Cook County in January 2024 for sexual assault of a minor was released and charged with homicide 17 days later.
On Tuesday, Gov. Pritzker responded, 'We don't prevent the federal authorities from coming to our jails or coming to our prisons with a federal criminal warrant and take them. We, in fact, I would like them to do that, but it is up to them to go to a court to get that criminal warrant to take them away.'
However, in the DOJ's statement, it countered, saying, 'When ICE attempts to stage an arrest outside of an Illinois state or local facility— including in a public parking lot—facility staff, usually at the direction of the warden, often commands ICE officers to leave the premises.'
President Donald Trump said his administration was taking efforts to withhold federal funding from from cities and states with policies that limit local law enforcement from cooperating with federal authorities on some immigration matters.
Illinois Gov. JB Pritzker has been before a congressional hearing on his state's sanctuary policies.
Chicago Mayor Brandon Johnson testified before the same committee last month. Pritzker said he didn't think that as particularly productive and felt committee members are just looking for what he called 'a social media moment.' A spokesperson from his office dubbed the invitation 'another partisan dog and pony show.'
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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