A federal judge threw out the Trump administration’s lawsuit against Illinois, Cook County and Chicago sanctuary policies that ban assisting in immigration-related matters.
July 26 A federal judge threw out a lawsuit filed by the Trump administration against Illinois, Cook County and Chicago sanctuary policies that ban assisting in immigration-related matters.
On Friday, District Judge Lindsay Jenkins in Chicago dismissed the entire lawsuit, writing the U.S. Department of Justice lacked standing, though she allowed lawyers to amend their lawsuit by Aug. 22. Jenkins, who serves the Northern District of Illinois, was appointed by President Joe Biden.
Illinois is a blue state with a Democratic governor, Chicago mayor and Cook County state’s attorney. Chicago is located in Cook County.
In the lawsuit filed in February, the DOJ accused the governments of blocking federal immigration law based on the 10th Amendment, which deals with state and federal powers.
DOJ hasn’t yet publicly said whether there would be an appeal.
The Department of Homeland Security has increased deportation raids, particularly in big cities with sanctuary laws.
“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 federal Immigration and Nationality Act]”, Jenkins wrote in the 64-page ruling. “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.”
In their lawsuit, DOJ lawyers said sanctuary cities violate the U.S. Constitution’s supremacy clause.
In 2017, then Gov.
