A federal judge has rejected the Trump administration’s attempt to compel Illinois and Chicago to cooperate with its mass deportation efforts, ruling that the move would violate constitutional protections of state sovereignty.
-Advertisement-
U.S. District Judge Lindsay Jenkins found that the lawsuit—the administration’s first this year targeting so-called “sanctuary policies”—amounted to an “end-run around the Tenth Amendment,” which guards against federal overreach into state authority.
In a 64-page ruling issued Friday, the Biden-appointed judge stated that while federal law “permits” states to cooperate with immigration enforcement, it does not mandate such cooperation. Citing multiple Supreme Court decisions, she emphasized that the federal government cannot “commandeer” state or local officials to carry out federal responsibilities, Politico reported.
The Supreme Court has also ruled in the past many times that federal law supersedes state laws, especially when it comes to illegal immigration, via the so-called “supremacy clause.”
“The ruling is a setback for Trump, the first defeat in a series of similar lawsuits the Justice Department filed against states and cities that have adopted sanctuary policies that limit their employees’ cooperation with federal immigration enforcement,” Politico reported. “Other suits have been filed against cities in California, New Jersey and New York.”
An Illinois state law enacted in 2021, along with related policies, bars local and state officials from sharing an individual’s custody status, release date, or contact information with federal immigration authorities.
The Justice Department argued that the law was preempted by federal statutes, but Jenkins rejected that claim, along with the Trump administration’s argument that the law unconstitutionally discriminated against the federal government. She further ruled that the administration’s attempt to compel the state to enforce federal immigration policy could place unconstitutional burdens on state resources, the outlet reported.
Jenkins also determined there was no legal basis for including Illinois Gov. JB Pritzker as a defendant, noting that DOJ attorneys had “openly” admitted as much. She ordered his dismissal from the case.
A similar lawsuit filed by the Justice Department against California in 2018 resulted in a federal appeals court rejecting the administration’s attempt to overturn the state’s restrictions on information sharing.
Meanwhile, related legal battles over the DOJ’s efforts to withhold federal funding from sanctuary jurisdictions were pending before the Supreme Court in 2021.
However, after Biden appointees assumed control, the administration asked the high court to drop the cases, and the justices dismissed them without ruling on whether state and local governments can be compelled to cooperate with federal immigration enforcement.
The Justice Dept. under President Trump has made immigration enforcement a priority. In February, shortly after being sworn in, Attorney General Pam Bondi announced the administration filed a lawsuit against New York state, Democratic Gov. Kathy Hochul, and Democratic Attorney General Letitia James, accusing them of violating federal law by shielding illegal immigrants.
“This is a new DOJ,” Bondi announced at a news conference. “New York has chosen to prioritize illegal aliens over American citizens. It stops. It stops today.”
Mark Schroeder, the New York Department of Motor Vehicles commissioner, has also been charged. Bondi referenced New York’s Green Light laws, known as the Driver’s License Act, which permits illegal immigrants to obtain a driver’s license.
The law prohibits certain federal agencies from accessing driver’s license information in New York State.
“They have green light laws, meaning they’re giving a green light to any illegal alien in New York, where law enforcement officers cannot check their identity if they pull them over,” Bondi said. “And law enforcement officers do not have access to their background. And if these great men and women pull over someone and don’t have access to their background, they have no idea who they’re dealing with, and it puts their lives on the line every single day.”
She added: “If you don’t comply with federal law, we will hold you accountable.”
