Federal judge dismisses Trump administration lawsuit challenging Illinois, Chicago sanctuary policies
The ruling comes as the Trump administration has ramped up mass deportation efforts targeting noncitizens living in the U.S. without legal permission, particularly in big cities that have sanctuary laws like Chicago, where activities from federal immigration agents have been met with protests.
In her ruling on Friday, U.S. District Judge Lindsay Jenkins dismissed the lawsuit in its entirety, saying the U.S. Department of Justice lacked standing, though she allowed the department to amend its complaint. The case centered around the 10th Amendment, which addresses state and federal powers.
'The Sanctuary Policies reflect Defendants' decision to not participate in enforcing civil immigration law—a decision protected by the Tenth Amendment and not preempted by (the federal Immigration and Nationality Act),' Jenkins wrote. 'Finding that these same Policy provisions constitute discrimination or impermissible regulation would provide an end-run around the Tenth Amendment. It would allow the federal government to commandeer States under the guise of intergovernmental immunity—the exact type of direct regulation of states barred by the Tenth Amendment.'
A spokesperson for the Department of Justice did not immediately respond to a request for comment.
Among the arguments made by the Justice Department when it filed its lawsuit earlier this year was that the sanctuary policies violated the U.S. Constitution's supremacy clause, which the department argued 'prohibits Illinois, Chicago, Cook County, and their officials from obstructing the Federal Government's ability to enforce laws that Congress has enacted or to take actions entrusted to it by the Constitution.'
The lawsuit specifically went after the state's 2017 Trust Act, signed into law by Gov. JB Pritzker's predecessor, Republican Gov. Bruce Rauner. The law generally prohibits state and local law enforcement from getting involved in deportation efforts with U.S. Immigration and Customs Enforcement or other federal policing agencies dealing with immigration matters. While the Trust Act prevents state and local law enforcement from assisting the federal government with regular immigration enforcement, it allows coordination when there is a federal criminal warrant involved.
Chicago's sanctuary city ordinance bans official cooperation between local law enforcement and federal deportation authorities, while ensuring immigrants living without legal permission can use city services. The lawsuit also takes on a Cook County statute that bans ICE agents from the county jail and other facilities unless they have a criminal warrant unrelated to immigration.
Chicago's sanctuary designation has existed since Mayor Harold Washington signed an executive order in 1985, but it was adjusted after Trump took office the first time in 2017. Now, the intent is to make sure immigrants in the country without legal permission can still report crime without fearing deportation, while depriving the feds of a key resource — local police.
Chicago Mayor Brandon Johnson and Pritzker this year have testified separately before President Donald Trump's Republican allies in Congress to defend their sanctuary policies. The Democratic governor's visit to Washington happened last month when he defended the policies before a House committee while pointing at congressional Republicans and Democrats for using the issue to try to score political points rather than enacting comprehensive immigration reform.
On Friday, Pritzker praised the ruling, saying it showed Illinois has 'always been and still is compliant with federal law.'
'Illinois ensures law enforcement time and energy is spent fighting crime — not carrying out the Trump Administration's unlawful policies or troubling tactics,' Pritzker spokesman Matt Hill said in a statement. 'As the grandchild of Ukrainian refugees, the Governor's personal story shows how immigration is central to America's story, economy, & culture. He told it to Congress when he laid out how Illinois follows the law and would like the feds to follow suit.'
The American Civil Liberties Union of Illinois also applauded the ruling, saying the court 'was correct to reject the Trump Administration's lawsuit and to allow public officials in Illinois and Chicago to follow our policies that prioritize local public safety and welfare over federal civil immigration enforcement.'
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