DOJ sues Illinois and Chicago over immigration policies

CHICAGO - The U.S. Department of Justice is suing Illinois and Chicago, arguing that their immigration policies interfere with federal enforcement efforts.

The lawsuit names several defendants, including Illinois Gov. J.B. Pritzker, the city of Chicago, Mayor Brandon Johnson, Chicago Police Superintendent Larry Snelling, Cook County, Cook County Board President Toni Preckwinkle and Cook County Sheriff Tom Dart.

The Lawsuit

What we know:

The lawsuit filed by the United States seeks to block Illinois and its local governments from enforcing several state and local laws—including the Way Forward Act, TRUST Act, Welcoming City Act, and a Cook County ordinance—that the Trump Administration claims interferes with federal immigration enforcement and violates the Supremacy Clause of the U.S. Constitution.

The complaint states that Illinois, Chicago and Cook County have put laws in place that intentionally block the federal government from enforcing immigration laws and make it harder for federal, state, and local law enforcement to work together. 

"The combined effect of the challenged provisions of Illinois, Chicago, and Cook County laws, facially and as applied, prohibits even the most basic cooperation with federal officials," the complaint states.

Additionally, the lawsuit claims that the immigration policies make it harder for federal authorities to detain removable individuals, including dangerous criminals, and make it easier for dangerous criminals to be released back into the community.

The complaint states that federal officers are also put in tough situations when state and local law enforcement limit the sharing of basic information and block federal officers from accessing people in local custody when they're released.

The Trump Administration claims federal officers "risk dangerous situations by trying to re-arrest individuals who have already been released by local authorities, or they have to avoid transferring those individuals to local custody in the first place, which complicates their ability to enforce immigration laws."

By the numbers:

According to ICE’s Law Enforcement Statistical Tracking Unit, from 2016 to 2025, federal agents arrested 13,564 noncitizens in Illinois and issued 11,036 detainers to hold them for deportation.

The complaint says that many of those arrested faced serious charges, including assault, theft, and drug or sex-related offenses, the lawsuit claims.

What is the Illinois TRUST Act?

What we know:

Illinois has set limits on what local law enforcement can do when it comes to federal immigration enforcement through the Illinois Trust Act and its updates. These rules make sure local officers aren’t getting involved in civil immigration matters unless absolutely necessary.

The law includes the following:

• Local law enforcement can’t hold someone just because of an immigration detainer or civil immigration warrant.
• Officers can’t question or investigate someone’s immigration status unless the law specifically requires it—though there are some exceptions, like for federal firearm checks or international agreements.
• Local agencies can’t help with federal immigration operations, share information about detainees, or transfer someone into federal custody for civil immigration issues, unless required by law or a criminal warrant.
• Illinois also doesn’t allow local or state agencies to make or renew contracts to detain people for civil immigration violations. Any existing contracts had to end by January 2022.
• Lastly, someone’s citizenship or immigration status can’t affect their access to benefits, services, or opportunities, like education or rehabilitation programs, while they’re in custody or on probation.

The Illinois Attorney General has the authority to investigate violations, issue subpoenas, and pursue legal action to ensure compliance with the law.

What is the ‘Welcoming City Ordinance?'

What we know:

The ordinance stops city agencies and employees from getting involved in civil immigration enforcement or helping federal authorities with such efforts. 

The ordinance outlines specific restrictions, including the following:

• Agencies and agents cannot stop, arrest or detain individuals based solely on their immigration status or an administrative warrant, such as those found in the FBI’s National Crime Information Center database.
• Immigration and Customs Enforcement (ICE) agents cannot access detainees or use city facilities for investigative purposes.
• City employees are restricted from spending time responding to ICE inquiries about a person’s custody status, release date, or contact information unless it is to determine whether a situation involves solely civil immigration violations.
• Agencies are barred from entering agreements under federal law that allow local entities to enforce federal civil immigration law.
• The transfer of individuals into ICE custody for the purpose of civil immigration enforcement is prohibited.
• City resources cannot be used to assist civil immigration operations, such as setting up traffic perimeters or providing on-site support.

CPD has to follow certain protocols when ICE or other federal agencies ask for help. 

Supervisors are responsible for figuring out if the request is about civil immigration enforcement. If it is, they have to decline the request and notify the Office of Emergency Management and Communications.

Chicago also has rules in place to limit how city agencies handle information about people’s immigration or citizenship status. 

For example, agencies can’t ask for, keep, or share this information unless federal law, a court order, or a warrant says they have to. There are some exceptions, like if someone gives written permission or if the city’s legal team needs it for certain legal matters.

Also, applications and forms for city services can’t ask about someone’s citizenship or immigration status. Departments need to check and update these forms every year to make sure they’re following the rules. 

Finally, federal agencies can’t access city databases or data-sharing platforms if they’re trying to enforce civil immigration laws.

ICE guidance from Illinois and Chicago officials

Chicago Police Department

What they're saying:

The Chicago Police Department (CPD) issued a statement this week outlining its approach to handling requests from federal immigration authorities:

In accordance with the City of Chicago’s Municipal Code, which includes the Welcoming City Ordinance, the Chicago Police Department does not assist federal immigration authorities with enforcement action solely based on immigration status. Additionally, CPD does not document immigration status and does not share such information with federal authorities.

CPD is prohibited by the Welcoming City Ordinance from participating in civil immigration enforcement operations or assisting in the civil enforcement of federal immigration law. CPD’s Responding to Incidents Involving Citizenship Status policy also states that if the Department receives a request from an immigration agency to provide assistance with a civil immigration enforcement operation, a supervisor will respond to the scene. If the request is to assist in the enforcement of civil immigration law, the supervisor will decline the request. If the request is unrelated to civil immigration law, appropriate police action will be taken. The Responding to Incidents Involving Citizenship Status policy was recently revised to require a supervisor of higher rank (a Watch Operations Lieutenant or Street Deputy) to respond to the scenes of these requests, in addition to the previously required supervisor from the district of occurrence.

To be clear, the Chicago Police Department will not assist or intervene in civil immigration enforcement in accordance with the City of Chicago Municipal Code. As always, we will continue to enforce the law if a crime occurs, regardless of the citizenship status of those involved. 

READ MORE HERE.

Mayor Brandon Johnson's Office

What they're saying:

Late Thursday afternoon, Chicago Mayor Brandon Johnson issued a statement on the lawsuit, shared below: 

"The City of Chicago and Mayor Johnson received notice of the lawsuit filed today in Federal District Court. The complaint is under review by the Law Department.   Following a full review, we will respond in due course. Chicago is and will remain a welcoming city, with welcoming people who work beside their neighbors to build strong communities where you can still raise a family.

"The safety and security of Chicago residents remains the priority for the Johnson Administration. Chicago will continue to protect the working people of our city and defend against attacks on our longstanding values. Chicago will stay focused on our priorities. We will lead with continued investments in mental health, youth employment and affordable homes."

The day before President Trump was inaugurated, the mayor reiterated his strong opposition to his immigration reforms aimed at deporting undocumented immigrants accused of crimes. 

Johnson reaffirmed the city’s commitment to the Illinois Trust Act, which prohibits local law enforcement from participating in federal immigration enforcement efforts.

In a social media post, Johnson said, "Chicago stands strong: regardless of the circumstances, our commitment to protecting and supporting this city remains unwavering. We will continue to fight for the justice and safety of all who call this place home." 

He added that Trump’s policies threaten not only undocumented families but also Black families and other communities. 

"We’re going to stand up, and we’re going to protect undocumented individuals," Johnson said. "We’re going to protect Black folks, brown folks, Asian folks… Listen, the anti-sentiment that exists in this political space is unconscionable and it’s dangerous."

"Whether it’s anti-Black or antisemitic, we’re going to protect people, and we’re going to invest in people," Johnson continued. "The city of Chicago will be better, stronger and safer despite who’s in the White House."

 City agencies are prepared to follow Johnson’s guidelines on handling ICE interactions, emphasizing a legal and cautious approach.

Johnson’s guidelines advise, "Contact your agency or department’s designated attorney or general counsel for further guidance. Contact the highest ranking official or designated supervisor onsite and do not take any action until that person arrives." 

The guidance says to demand copies of warrants, not to consent to ICE entering "any private or ‘sensitive’ locations," but not to interfere with any search, even if refused. There are further recommendations, including taking notes and keeping contemporaneous written records.

The Illinois Department of Corrections

What they're saying:

The Illinois Department of Corrections issued a statement to all staff regarding their response to potential ICE raids, which included the following:

"Pursuant to the Illinois TRUST Act, the Illinois Department of Corrections is prohibited from detaining an individual solely based on an immigration detainer or non-judicial immigration warrant. All individuals in custody are to be released at the expiration of their sentence. Unless there is a valid judicial warrant, all individuals being released at the expiration of their sentence from a correctional facility shall be released in accordance with their transportation release plan.

"If Department staff are unable to determine whether a detainer or warrant is civil or criminal or judicial in nature, they shall contact the appropriate IDOC legal services attorney.

"Unless otherwise limited by federal law, individuals in custody may not be denied services, benefits, privileges or opportunities, including but not limited to, eligibility or placement in a lower custody, classification, educational, rehabilitative, or diversionary programs, on the basis of their citizenship, immigration status, the issuance of an immigration detainer or civil warrant against the individual, or the individual being involved in immigration removal proceedings."

Gov. JB Pritzker's Office

What they're saying:

Illinois Gov. JB Pritzker addressed deportation raids and criticized federal actions he deemed unconstitutional. 

In a statement released last month, Pritzker emphasized the importance of protecting Illinois residents and ensuring state laws are upheld.

"Every family and child deserves to feel safe and secure in the place they call home. Every resident of Illinois should know their rights. I intend to protect those rights and ensure our state laws are followed," Pritzker said. 

The governor also condemned President Trump’s executive order seeking to end birthright citizenship, calling it an unconstitutional attempt to undermine the rule of law.

"President Trump’s executive order to strip birthright citizenship from people born in this country is unconstitutional. Here in Illinois, we follow the law. This is only the beginning of the new administration’s attempt to undermine the rule of law, and the people of Illinois can count on me to stand against unconstitutional actions."

Trump's plans for border security

The backstory:

President Donald Trump rolled out a blueprint to increase security at the southern border in a series of executive orders just hours after being sworn into office. 

Some of the orders revived priorities from his first administration that his predecessor had rolled back, including forcing asylum-seekers to wait in Mexico and finishing the border wall. Others launched sweeping new strategies, like an effort to end automatic citizenship for anyone born in America and ending use of a Biden-era app used by nearly a million migrants to enter America.

In the days and weeks since, immigrants have been arrested by U.S. Immigration and Customs Enforcement (ICE) agents in several states, including Illinois. 

Brandon JohnsonJ.B. PritzkerNewsMigrants in ChicagoTom DartToni PreckwinkleIllinoisChicago