“(T)he federal government cannot compel states to implement or administer federal regulatory programs,” a district judge wrote in a July ruling. “Although Congress has many powers, and can override state law, it cannot act as a federal tool to the states.”
The U.S. Department of Justice has appealed its ruling in its lawsuit against Chicago, Illinois, which is suing the federal government over its sanctuary city-style policies.
According to ABC 7 Chicago, the Justice Department filed its lawsuit in February accusing local, county, and state officials of obstructing immigration enforcement operations.
Chicago, like other cities with sanctuary policies, generally prohibits local law enforcement from assisting federal immigration enforcement, except in cases where a target immigrant has been arrested or convicted of certain crimes.
In July, U.S. District Judge Lindsey Jenkins dismissed the federal government’s lawsuit, finding that, ”
“Because the Tenth Amendment protects the defendants’ sanctuary policies, those policies cannot be discriminated against or regulated by the federal government,” Jenkins wrote.
“(T)he federal government cannot compel states to implement or administer any federal regulatory program,” he wrote. “Although Congress has many powers, and can override state law, it cannot act as a federal tool to the states.”
The Trump administration was given a month to amend its lawsuit but failed to do so, leading Jenkins to dismiss the complaint with prejudice, meaning it cannot be refiled.
In response to the July ruling, city and state officials reiterated their longstanding belief that sanctuary laws are legal and cannot be overturned, blocked, or usurped by the federal government.
“This order confirms what we’ve known for a long time: that Chicago’s welcome city ordinance is lawful and supports public safety,” said Cassio Mendoza, a spokesman for Mayor Brandon Johnson. “The city cannot be forced to cooperate with the Trump administration’s reckless and inhumane immigration agenda.”
At the time, State Attorney General Quim Raul, a Democrat, said his office would continue to defend Illinois’ sanctuary policies against “the Trump administration’s cruel and harsh immigration activities.”
Proponents of sanctuary city-style policies typically claim that, by prohibiting local law enforcement from assisting federal immigration operations, they make it easier for undocumented immigrants to come forward, report crimes and, in some cases, assist in active criminal investigations. That position has been echoed, to a degree, by some high-ranking Chicago police officials.
In contrast, the Trump administration has called Chicago’s sanctuary ordinance a barrier, claiming it puts citizens and legal residents at risk.
“The city’s decision to prioritize fighting local crime and protecting trust with residents does not need to impede or interfere with federal objectives,” attorneys for Mayor Johnson and city Police Superintendent Larry Sunning said in a July motion.
Sources
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