A federal judge on Friday, July 25, dismissed the Trump administration’s lawsuit against the city Chicago and state of Illinois over their sanctuary policies. District Court Judge Lindsay Jenkins said in her ruling that the United States “lacks standing” to sue.
“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]” 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.”
Along with Illinois, Attorney General Pam Bondi and the Department of Justice have also taken legal action against other sanctuary communities since the president’s second term started. In their lawsuit against Illinois, they wrote that “the minimally enforcing — and oftentimes affirmatively thwarting — federal immigration laws over a period of years has resulted in countless criminals being released.”
But Jenkins wrote that the sanctuary policies “do not comparably regulate ICE operations
or meddle with the contractual rights of private individuals working with ICE.”
“Importantly, they leave open ICE’s ability to obtain and present a criminal warrant, thereby receiving the assistance and information it seeks,” she said.
Gov. JB Pritzker on social media celebrated Jenkins’ decision.
“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,” Pritzker said. The TRUST Act, signed in 2017, restricted local law enforcement’s ability to work with federal immigration authorities, and upheld an Illinois court ruling that immigration detainer orders from ICE are illegal.
“Illinois’ TRUST Act acknowledges that civil immigration enforcement is the responsibility of the federal government, and that state and local law enforcement resources are most appropriately utilized protecting the communities in which they serve,” Illinois Attorney General Kwame Raoul said in a statement.
Chicago Mayor Brandon Johnson said the ruling affirms “what we have long known: that Chicago’s Welcoming City Ordinance is lawful and supports public safety” adding, “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.”
Edwin C. Yohnka, director of communications and public policy at the American Civil Liberties Union of Illinois, said the court was correct to reject the lawsuit.
“The Constitution permits state and local government to determine local priorities without interference from the federal government,” Yohnka wrote. “The ruling pushes back against the President’s belief that he can unilaterally dictate that all government entities participate in his destructive and increasingly unpopular mass deportation program.”
The federal government still has the opportunity to appeal the ruling.
Trump administration sues New York City
Just days before the Illinois ruling came down, the Department of Justice sued New York City, claiming their sanctuary laws are also a barrier to federal authorities’ ability to enforce immigration laws.
“New York City has long been at the vanguard of interfering with enforcing the country’s immigration laws. Its history as a sanctuary city dates back to 1989, and its efforts to thwart federal immigration enforcement have only intensified,” the complaint by the DOJ said.
In response, NYC Mayor Eric Adams said he will “will review the lawsuit.”
“We support the essence of the local laws put in place by the City Council — but I have also been clear that they go too far when it comes to dealing with those violent criminals on our streets and have urged the Council to reexamine them to ensure we can effectively work with the federal government to make our city safer,” Adams wrote in a statement on X. “So far, the Council has refused.”
Meanwhile, the city council said “the evidence consistently shows that cities with sanctuary laws are safer than those without them.”
“When residents feel comfortable reporting crime and cooperating with local law enforcement, we are all safer, something both Republican and Democratic mayors of New York City have recognized.”
