A federal judge dismissed the Trump administration’s lawsuit against Illinois and Chicago over “sanctuary” policies that prevent local officials from cooperating with federal immigration enforcement.
US District Judge on Friday said the policies at issue are protected by the US Constitution, which says all powers not explicitly granted to the federal government are reserved to the states. It’s the first legal setback among several lawsuits the administration has filed against cities and states over sanctuary laws.
“Finding that these same policy provisions constitute discrimination or impermissible regulation would provide an end-run around the Tenth Amendment,” Jenkins said in her ruling. “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.”
The Trump administration sued Illinois, Chicago, Cook County and local officials including Governor in February as part of an effort by the US Department of Justice to target local government policies seen as impeding immigration enforcement efforts. The federal government argued the policies are unconstitutional and were obstructing efforts to carry out Trump’s immigration crackdown.
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US Attorney General filed the suit during her first full day on the job. In the intervening months, the administration sued a handful of other cases, including , New Jersey and San Francisco. New York City became the on Thursday.
Jenkins said in her ruling that immigration is primarily the responsibility of the federal government, under US Immigration and Customs Enforcement. She noted that federal law “merely offers states the opportunity to assist in civil immigration enforcement” and doesn’t mandate participation. Therefore, sanctuary policies “don’t make ICE’s job more difficult; they just don’t make it easier,” she said.
The suit was challenging a state law passed in 2017 and strengthened in 2021 that broadly prohibited local law enforcement from cooperating with federal immigration enforcement, as well as a Chicago policy and a Cook County ordinance reflecting similar limitations.
Sanctuary cities and immigration advocates argue that expanding law enforcement collaboration with federal immigration authorities erodes trust in migrant communities and makes people less likely to report crimes or take advantage of public services like schools and hospitals.
Under Jenkins’ order, the Trump administration has until Aug. 22 to amend the lawsuit.
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