A federal judge dismissed a lawsuit by the Trump administration that sought to block the enforcement of several “sanctuary policies” in Illinois that restricted the ability of local officials to aid federal immigration authorities in detainment operations.
In a 64-page decision, U.S. District Judge Lindsay C. Jenkins, a Joe Biden appointee, granted a motion by the state of Illinois to dismiss the case after determining the United States lacks standing to sue over the sanctuary policies.
The judge said in the ruling that Illinois’ decision to enact the sanctuary laws is protected by the 10th Amendment, which declares that any powers not specifically given to the federal government or denied to the states by the Constitution are retained by the states.
“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 [Immigration and Nationality Act],” the judge wrote. “Because the Tenth Amendment protects Defendants’ Sanctuary Policies, those Policies cannot be found to discriminate against or regulate the federal government.”
The federal judge wrote that granting the administration’s request would create 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.”
Illinois Gov. JB Pritzker praised the dismissal, which he said will ensure state law enforcement is “not carrying out the Trump administration’s unlawful policies or troubling tactics.”
“As state law allows, Illinois will assist the federal government when they follow the law and present warrants to hold violent criminals accountable. But what Illinois will not do is participate in the Trump administration’s violations of the law and abuses of power,” Pritzker said in a statement.
The Justice Department did not immediately respond to a request for comment.
The Trump Justice Department sued the state of Illinois and Cook County, the home of Chicago, in February over policies it argued infringed on the ability of federal authorities to enforce immigration laws, the first lawsuit by the administration aimed specifically at “sanctuary jurisdictions,” a label applied to states, cities, counties or municipalities that establish laws to prevent or limit local officials from cooperating with federal immigration authorities.
In the 22-page lawsuit, filed days after Attorney General Pam Bondi was confirmed by the Senate, the Justice Department sought to block state, city and county ordinances that prohibit local law enforcement from assisting the federal government with civil immigration enforcement absent a criminal warrant. Bondi said the policies “obstruct” the federal government.
“The challenged provisions of Illinois, Chicago, and Cook County law reflect their intentional effort to obstruct the Federal Government’s enforcement of federal immigration law and to impede consultation and communication between federal, state, and local law enforcement officials that is necessary for federal officials to carry out federal immigration law and keep Americans safe,” the lawsuit says.
The administration has taken similar action to target sanctuary jurisdictions across the country, including a lawsuit this week against New York City, which was described by the Justice Department as “the vanguard of interfering with enforcing this country’s immigration laws” in a complaint filed Thursday. The administration filed a separate lawsuit targeting New York state in February over it’s “Green Light Law,” which enables undocumented immigrants to apply for noncommercial driver’s licenses and bars state officials from turning over that data to federal immigration authorities.
The Justice Department in June filed a complaint against Los Angeles for immigration policies it argued interfere and discriminate against federal immigration agents by treating them differently from other law enforcement agents in the state. The suit came as Trump administration officials increasingly sparred with California’s Democratic leaders after immigration detainment efforts in the state led to clashes between protesters and federal authorities, and led the administration to deploy thousands of National Guard troops.
In January, Trump signed an executive order directing Bondi and Homeland Security Secretary Kristi Noem to ensure sanctuary jurisdictions “do not receive access to federal funds” and to consider pursuing criminal or civil penalties if localities “interfere with the enforcement of Federal law.”
A federal judge in April blocked the effort to withhold federal funds from sanctuary jurisdictions, finding that Trump’s order violated the Constitution’s separation of powers principles. That judge blocked an earlier effort by Trump in 2017.
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