Illinois aims to dismiss Trump DOJ lawsuit challenging its sanctuary policies for migrants

SPRINGFIELD, Ill. (WTVO) — The state of Illinois is seeking to dismiss a federal lawsuit over its sanctuary policies for migrants.

Last month, the U.S. Department of Justice filed a lawsuit alleging that the state and the city of Chicago interfere with federal immigration enforcement, claiming state laws 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.”

The suit named Gov. JB Pritzker, Chicago Mayor Brandon Johnson, and other Chicago and Cook County officials.

Now, a motion filed by Illinois Attorney General Kwame Raoul argues that the DOJ’s case is misguided, arguing that federal law does not preempt state laws that prohibit law enforcement from cooperating with immigration authorities.

“Consistent with the Tenth Amendment, federal law preserves Illinois’s sovereign right to opt out of assisting federal immigration agents with their civil immigration enforcement responsibilities,” the filing said. “That is what Illinois has done through its statutes, the TRUST Act and the Way Forward Act.”

State Rep. Chapin Rose (R-Mahomet) responded, saying “Eighty-one percent of the American public wants these illegals out of the country and yet here comes … [Illinois Attorney General] Kwame Raoul and [Gov.] J.B. Pritzker, who do the exact opposite of what the American people are demanding.”

Illinois prevents local authorities from cooperating with U.S. Customs and Immigration Enforcement (ICE) by way of the TRUST Act, the Way Foreward Act, the Welcoming City Act, and a Cook County ordinance.

The TRUST Act, signed in 2017, prohibits law enforcement agencies from detaining an individual based on their immigration status and prevents officers from questioning someone’s immigration status. It also forbids law enforcement from transferring a detainee into federal custody unless by a court order.

Chicago’s Welcoming City Ordinance also forbids police from responding to ICE requests for a person’s custody status or contact information and prohibits authorities from arresting an individual based on their immigration status. It also blocks police from assisting with immigration enforcement efforts.

The lawsuit claims those laws violate the Supremacy Clause of the U.S. Constitution.

The suit also claims that Illinois’ immigration policies make it harder for federal authorities to arrest and detain dangerous criminals.