SPRINGFIELD – President Donald Trump’s administration went to court Thursday to challenge sanctuary policies in the state of Illinois, Cook County and the city of Chicago that limit the powers of state and local police to assist federal law enforcement on immigration-related matters.
“The challenged provisions of Illinois, Chicago, and Cook County law have the purpose and effect of making it more difficult for, and deliberately impeding, federal immigration officers’ ability to carry out their responsibilities in those jurisdictions,” the lawsuit, filed in federal court in Chicago, states. “These provisions intentionally obstruct the sharing of information envisioned by Congress, including basic information such as release dates and custodial status, thereby impairing federal detention of removable aliens, including dangerous criminals, as required by federal law.”
The lawsuit argues the U.S. Constitution’s Supremacy “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.”
Since taking office last month, Trump has vowed to go after Democrat-led cities and states that have implemented sanctuary policies, even though the courts have generally determined such policies to be constitutional.
The legal challenge represents the latest salvo in the Trump administration’s crackdown on immigration that has Chicago in its crosshairs. The lawsuit could complicate the decision by Chicago Mayor Brandon Johnson, a defendant in the lawsuit, to testify before Congress next month in a Republican-led hearing on sanctuary cities.
Representatives for Johnson and the city’s law department did not immediately respond to requests for comment.
Democratic Gov. JB Pritzker, a defendant in the lawsuit and a political nemesis of Trump, was quick to condemn Trump’s efforts to overturn the sanctuary policies, saying Illinois is in compliance with federal law and that “unlike Donald Trump, Illinois follows the law.”
“Illinois will defend our laws that prioritize police resources for fighting crime while enabling state law enforcement to assist with arresting violent criminals,” Pritzker said in a statement. “Instead of working with us to support law enforcement, the Trump Administration is making it more difficult to protect the public, just like they did when Trump pardoned the convicted January 6 violent criminals. We look forward to seeing them in court.”
The lawsuit specifically goes after the state’s 2017 TRUST Act, signed into law by Pritzer’s predecessor, Republican Gov. Bruce Rauner. The law generally prohibits state and local law enforcement from getting involved in deportation efforts with the U.S. Immigration and Customs Enforcement or other federal law enforcement agencies dealing with immigration matters.
The suit argues against the 2021 Way Forward Act, which allows the Illinois attorney general’s office to conduct investigations into violations of the TRUST Act and requires law enforcement agencies to file annual reports with the attorney general about their interactions with federal immigration authorities.
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. It mentions Cook County’s statute, which bans ICE agents from the 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. The intent now is to ensure immigrants in the country without legal permission can still report crime without fearing deportation, while depriving the feds of a key resource — local police, who were traditionally ICE’s sources on who to detain outside of border areas.
The policy — and Johnson’s upcoming, high-profile defense of it — was already poised to exacerbate the ongoing risk to Chicago’s federal resources under Trump. During Trump’s first presidency in 2017, then-Mayor Rahm Emanuel sued the Justice Department after it withheld federal grants to Chicago because of its sanctuary city policy.
But Thursday’s lawsuit shows an escalation in Trump’s bid to punish sanctuary cities.
“This national crisis underscores the vital importance of ‘[e]nforcing our Nation’s immigration laws,’ according to the lawsuit. “This action seeks to put an end to one State’s efforts to impede the Federal Government from doing that.”
At an unrlated press conference before the lawsuit was announced, Cook County officials affirmed their promise to “stand in the gap” by protecting immigrants; trans people; abortion rights; and diversity, equity and inclusion efforts.
Asked about the DOJ lawsuit, county Board President Toni Preckwinkle, also a defendant in the suit, told reporters she was unfamiliar with the suit’s content, but said “we’re going to fight back, we will pursue every legal opportunity to defend the programs that we believe in and defend our values.”
The suit also named as defendants members of the county board and Cook County Sheriff Tom Dart.
The early actions of the Trump administration “represent an intentionally cruel and coordinated effort to dismantle the progress we’ve made and America’s promise for the future,” Preckwinkle said. “Cook County will stand up for our residents and advocate for the resources we need and challenge the policies that seek to divide us, and we are not alone. If this administration thinks that we will abandon our values, they are mistaken.”
Cook County Health CEO Dr. Erik Mikaitis said county hospitals and clinics do not ask for patient immigration status or their ability to pay.
“We’ve been training our staff on protecting our patients’ rights within our healthcare facilities should there be immigration enforcement,” Mikaitis said, adding that they are promoting telehealth and virtual care options for immigrants afraid to leave their homes.
The system is focused on shoring up reproductive health services and care for LGBTQ+ individuals and ensuring “that our services can continue as best as possible in various scenarios, including funding interruptions,” Mikaitis said, a reference to potential changes to Medicaid or federal health grants.
In all, Cook County receives more than 100 federal grants totaling $746 million. “We don’t believe that all these grants are in jeopardy, but a pause to these funds would be really harmful to our residents and the work we’re doing.”
Cook County Public Defender Sharone Mitchell said his office was prepared to defend undocumented residents in federal immigration cases, whether they are county residents or not. His office has already been representing county residents in Chicago immigration court.
The American Civil Liberties Union of Illinois dismissed the lawsuit as “little more than the continuation of the name-calling and threats” from White House “Border Czar” Tom Homan’s tough talk about its immigration enforcement missions in Chicago.
“The Trump Administration cannot bully local communities into participating in their misguided immigration policies,” the ACLU of Illinois said in a statement.
In an interview Thursday morning with Fox News, Trump’s border czar, Tom Homan, said ICE has already arrested thousands of people across the U.S. since the new administration took over more than two weeks ago.
“The vast majority are criminals, public safety threats. And that’s what we’re trying to do,” said Homan. “And for any mayor or governor who doesn’t want public safety threats removed from the communities, I find it hard to believe that. But we’re going to do it, with or without them. If they’re not going to help, get out of the way. But don’t cross that line. Do not impede our operations. Do not — knowingly conceal or harbor illegal immigrants.”
Yin and Quig reported from Chicago. Tribune reporter Rick Pearson contributed.
