The U.S. Justice Department filed a lawsuit Thursday against both Chicago and Illinois, alleging the state's and city's immigration policies and welcoming city status impede federal regulations.
In their complaint, the department cites specifically Illinois' Trust Act, The Way Forward Act and Chicago's Welcoming City ordinance, saying they "are designed to and in fact interfere with and discriminate against the Federal Government’s enforcement of federal immigration law in violation of the Supremacy Clause of the United States Constitution."
"By refusing to honor civil detainers and warrants expressly authorized by Congress, Defendants have unlawfully eliminated these means for federal immigrations officials to carry out their statutory functions," the complaint states.
The lawsuit specifically notes President Donald Trump's recent signing of the Laken Riley Act, which requires the detention of unauthorized immigrants accused of theft and violent crimes.
"Unlike Donald Trump, Illinois follows the law. The bipartisan Illinois TRUST Act, signed into law by a Republican governor, has always been compliant with federal law and still is today," Illinois Gov. J.B. Pritzker said in a statement. "Illinois will defend our laws that prioritize police resources for fighting crime while enabling state law enforcement to assist with arresting violent criminals. 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."
Adopted in 2017, the Illinois Trust Act prohibits police in Illinois from detaining or arresting a person based on their immigration status or on federal immigration detainer. The Way Forward Act requires law enforcement agencies to submit annual reports to the Illinois Attorney General's office about their compliance with the act.
Chicago's ordinance as a "Sanctuary City," also known as a "Welcoming City," helps to "ensure undocumented residents are not prosecuted solely due to their immigration status."
The ordinance grants protection to Chicagoans of all ages in school and at work as they access city services. The ordinance also says that "Chicago police officers cannot arrest on the basis of immigration status."
The Justice Department's lawsuit seeks to have all three of the immigration policies deemed "invalid."
The lawsuit comes just days after enhanced immigration enforcement operations were reported in Chicago and parts of Illinois, leading to increased arrests.
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ICE had reported that "U.S. Immigration and Customs Enforcement, along with federal partners, including the FBI, ATF, DEA, CBP and the U.S. Marshals Service, began conducting enhanced targeted operations" in the city last month.
Reports had indicated the operations would primarily target migrants with criminal backgrounds, though there were concerns migrants without a criminal history could be arrested as well.
Pritzker, a frequent Trump critic, questioned the aggressive approach of the operations and the chilling effect for others, particularly for law-abiding immigrants who have been in the country for years.
“We need to get rid of the violent criminals. But we also need to protect people, at least the residents of Illinois and all across the nation, who are just doing what we hope that immigrants will do,” Pritzker said Sunday on CNN’s “State of the Union.”
