July 26 (UPI) — A federal judge threw out a lawsuit filed by the Trump administration against Illinois, Cook County and Chicago sanctuary policies that ban assisting in immigration-related matters.
On Friday, District Judge Lindsay Jenkins in Chicago dismissed the entire lawsuit, writing the U.S. Department of Justice lacked standing, though she allowed lawyers to amend their lawsuit by Aug. 22. Jenkins, who serves the Northern District of Illinois, was appointed by President Joe Biden.
Illinois is a blue state with a Democratic governor, Chicago mayor and Cook County state’s attorney. Chicago is located in Cook County.
In the lawsuit filed in February, the DOJ accused the governments of blocking federal immigration law based on the 10th Amendment, which deals with state and federal powers.
DOJ hasn’t yet publicly said whether there would be an appeal.
The Department of Homeland Security has increased deportation raids, particularly in big cities with sanctuary laws.
“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 in the 64-page ruling. “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.”
In their lawsuit, DOJ lawyers said sanctuary cities violate the U.S. Constitution’s supremacy clause.
In 2017, then Gov. Bruce Rauner, a Republican, signed the 2017 Trust Act, which prohibits state and local law enforcement from involvement in separation efforts with U.S. Customs and Border Enforcement, as well as other federal agencies. The law allows coordination among agencies.
A state law in 2021 prohibits local and state officialsgiving a person’s custody status, release date or contact information with federal immigration officials.
Raunere was succeeded by J.B. Pritzker, who testified last month to a U.S. House committee about sanctuary policies. He was also named in the suit.
“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 and culture. He told it to Congress when he laid out how Illinois follows the law and would like the feds to follow suit.”
Pritzker posted on X that “Illinois just beat the Trump Administration in federal court. Their case challenging the bipartisan TRUST Act was dismissed — unlike the President, we follow the law and listen to the courts.”
Illinois Attorney General Kwame Raoul noted in 1997 the U.S. Supreme Court ruled that federal officials may not “impress into its service – and at no cost to itself — the police officers of the 50 States.”
In 1985, then-Chicago Mayor Harold Washington signed an executive order declaring it a sanctuary city. In 2006, Chicago enacted the Welcoming City ordinance, which allows all residents to obtain city services, including police protection and medical care.
“We will continue to fight for the dignity of our immigrant, migrant, and refugee communities and stand up for the rights of all Chicagoans against any federal overreach,” Chicago Mayor Brandon Johnson, who was named in the suit, said in a statement to WLS-TV.
The federal lawsuit also targeted Cook County, which bans ICE agents from the county jail or other places unless they have a criminal warrant not relayed to immigration.
“The Trump administration’s continued attempts to bully local communities into adopting their preferred policies are not only unlawful, but counter to our values and ability to fight crime effectively,” Cook County State’s Attorney Eileen O’Neill Burke said in a statement. “We need victims and witnesses of crime to feel comfortable coming forward, just as we are compelled to hold those who commit crimes accountable.”
The American Civil Liberties Union of Illinois said in the statement that 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.”
Trump in an executive order on Jan. 25 stripped sanctuary cities of all federal funding.
In February, Attorney General Pam Bondi announced her agency was filing a civil lawsuit against state of New York over immigration enforcement.
“This is a new DOJ. We are taking steps to protect American citizens,” she said with federal agents behind her. “As you know, we sued Illinois, and New York didn’t listen … you’re next.”
Lawsuits also have been filed against California and New Jersey.
There are 13 sanctuary states, including New York and Illinois. In addition, there are sanctuary cities outside them, including Atlanta; Louisville, Ky.; Baltimore; and New Orleans as well as several designated counties.
None are in Texas or Arizona, which border Mexico. The other two border states, New Mexico and California, have sanctuary laws.
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