Trump lawsuit: Chicago, Illinois and Cook County sued by DOJ over sanctuary city policies​on February 7, 2025 at 5:11 am

CHICAGO (WLS) — The Department of Justice is suing Chicago, the state of Illinois and Cook County over sanctuary city policies.

In the 23-page lawsuit just filed Thursday morning in Chicago, federal prosecutors argue that local and state laws violate federal immigration law.

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The lawsuit accuses city, county and state authorities of “thwarting” federal immigration law over several years. It specifically calls out Chicago’s Welcoming City Ordinance and Illinois’ TRUST Act, which prevent local law enforcement from participating in immigration enforcement and from sharing information about the immigration status of criminals.

The case harkens back to the foundation of the United States: the sovereignty of states vs. the power of the federal government, setting up a constitutional crisis over Illinois’ ability to limit immigration enforcement collaboration.

The lawsuit itself cites “information and belief” that the conduct of Illinois and Chicago officials has resulted in “countless criminals” being released who should have been held for immigration removal.

“One of my objections as a lawyer of 38 years’ experience is, whenever you see a lot of allegations that say ‘upon information and belief,’ you call BS, because that means we can’t put anybody under oath, get them in front of a judge and support that statement,” said Doug Godfrey, professor emeritus of law at Chicago Kent College of Law.

SEE ALSO: Chicago Mayor Brandon Johnson will testify for House committee on sanctuary cities on March 5

Some aldermen say Chicago sould be more cooperative with ICE, while many more officials said they stand by the Welcoming City ordinance and state’s sanctuary laws for immigrants.

The Department of Justice wants the court to block the laws, saying they are unconstitutional. The lawsuit says the local laws, “reflect their intentional effort to obstruct the Federal Government’s enforcement of federal immigration law and to impede consultation and communication between federal, state, and local law enforcement officials that is necessary for federal officials to carry out federal immigration law and keep Americans safe.”

Godfrey said that while the DOJ’s lawsuit may be viable, he doesn’t believe it’s fully baked.

“If a federal judge says, ‘Oh, I’m not paying attention to these allegations on information and belief, actually bring witnesses before me, swear ’em in and show me that you can bear up the allegations in your complaint,'” he said.

Advocates for immigrant rights said they’re flummoxed at the federal filing.

“As a lawsuit, it was a little bit confusing, because there were no specific examples of any efforts that ICE had been pursuing that were pushed back against by any component of Illinois or Cook County or Chicago,” said Jackie Stevens, political science professor at Northwestern University.

Stevens, the founding faculty member of the deportation research clinic at Northwester, said President Trump attempted a similar lawsuit during his first term in California and the right of the state to make its own laws prevailed.

“Enforcement of the Immigration and Naturalization Act is exclusively a federal responsibility,” said John Cohen, former DHS Acting Undersecretary for Intelligence and ABC News contributor.

Cohen said the federal government would be hard pressed to deputize local law enforcement in contradiction to laws created and enforced by state constitutional officers.

“A local law enforcement agency cannot obstruct a federal law enforcement agency from carrying out their lawful responsibilities, but a local agency is under no obligation to support a federal law enforcement agency when the federal law enforcement agency is solely enforcing federal law,” he said.

The Feds claim the sanctuary laws preventing police from cooperating with ICE violate the constitution by creating obstacles to their efforts to enforce immigration law. .And the number of people removed by ICE in the Chicago area of responsibility has increased by thousands in the last four years.

“Because you’re not abiding by federal law, there has to be an enforcement mechanism under the Supremacy Clause of the United States Constitution. So that’s what we’re doing, is making the governor, the mayor and the Cook County enforce the law,” claimed Republican Rep. Darin LaHood.

Gov. JB Pritzker’s office released a statement saying, “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 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.”

Thursday morning, Cook County Board President Toni Preckwinkle commented on defending against policies of the Trump administration.

“We’re going to fight back,” Preckwinkle said. “We will pursue every legal opportunity to defend the programs that we believe in and defend our values.”

The lawsuit comes as Mayor Brandon Johnson is expected to testify in early March before the House Oversight Committee.

As the federal government stepped up their immigration sweeps and raids at the end of December, Mayor Johnson has reaffirmed Chicago’s Welcoming City status.

SEE ALSO: Chicago Mayor Brandon Johnson will testify for House committee on sanctuary cities on March 5

“Regardless of who is in the White House, Chicago is a city that opens its arms to people from around the globe,” he said on Jan. 28. “We will continue to protect civil and human rights, and we welcome all individuals and families who want to work, live and thrive here in our beloved city. The Welcoming City Ordinance is a law, and it is the law of the land here in Chicago. We will uphold it, along with the complementary Illinois Trust Act to ensure that our immigrant communities are safe.”

About three weeks ago, the Chicago City Council tabled discussion about modifying the ordinance to allow more cooperation, which 15th Ward Alderman Ray Lopez pushed for. He said the city is now facing the consequences.

“And we’re going to see more of the political theatrics by our mayor, county board president and governor trying to use this as a ruse stand up to Trump, when all they had to do was cooperate from the very beginning,” he said.

Johnson said in a statement, “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.”

Also named in the lawsuit are the Chicago Police Department and the Cook County sheriff.

The Chicago Police Department said they do not comment on pending litigation, and the Chicago Law Department said they are reviewing the lawsuit.

The Cook County Sheriff’s Office said in a statement, “The lawsuit does not allege any Constitutional violation committed by the Sheriff’s Office with regard to immigration policy. The Sheriff’s Office does not pass or enact legislation regarding immigration. As we have repeatedly stated, it has long been our practice to work with all federal agents who provide arrest warrants authorizing them to take custody of individuals being detained at the Cook County Jail. As recently as last week, we notified ICE of an individual being released that had a federal arrest warrant and he was picked up from our custody. Existing state law and local ordinance prescribe our Office’s responsibilities regarding federal immigration regulatory programs. Those laws remain in place. We will continue to follow all local, state, and federal laws.”

In a statement, Illinois Senate Republican Leader John Curran said, “By continuing to obstruct federal immigration authorities from apprehending dangerous criminals being harbored in Illinois illegally, Gov. Pritzker and Mayor Johnson are putting both law enforcement and Illinoisans at risk. For years, the Democratic Majority has ignored multiple pieces of legislation brought forth by Illinois Republicans to repeal the Trust Act and allow state and local authorities to communicate with federal immigration enforcement agencies. Their continued refusal to put the safety of Illinois citizens before their own personal political agendas has now forced the federal government to intervene to keep Americans safe. I strongly encourage the Governor, Mayor of Chicago, and Democratic legislative leaders to quit impeding law enforcement’s ability to cooperate and assist federal authorities with removing violent criminals who are here in Illinois illegally, and immediately call our repeal of the Trust Act for a vote.”