A federal judge rejected legal action by the Trump administration, which sought to block the application of several “sanctuaries” in Illinois who restrict the capacity of local officials to help the federal immigration authorities in detention operations.
In a 64-page decision, the American district judge Lindsay C. Jenkins, appointed by Joe Biden, granted the request of the State of Illinois to reject the case after having determined that the United States fails to pursue the policies of the sanctuary.
The judge declared in the decision that Illinois’ decision to promulgate the laws on the sanctuary was protected by the 10th amendment, which declares that powers not specifically granted to the federal government or refused to the states by the Constitution are kept by States.
“Sanctuary policies reflect the defendants’ decision not to participate in the application of civil immigration law – a decision protected by the tenth amendment and not pre -emptied by the [Immigration and Nationality Act]”Wrote the judge.” Because the tenth amendment protects the policies of the defendants’ sanctuary, these policies cannot discriminate or regulate the federal government. »»
The federal judge wrote that the granting of the administration’s request would create a “final around the tenth amendment”.
“This would allow the federal government to requisition states under the cover of intergovernmental immunity – the exact type of direct regulation of states prohibited by the tenth amendment.”
The governor of Illinois, JB Pritzker, praised the dismissal, which, according to him, will guarantee that the state police “do not implement the illegal policies of the Trump administration or the disturbing tactics”.
“As the law of the State allows, Illinois will help the federal government when it follows the law and the current mandates to hold violent criminals responsible. But what the Illinois will not be to participate in the violations of the law and the abuse of power by the Trump administration,” Pritzker said in a statement.
The Ministry of Justice did not immediately respond to a request for comments.
The Ministry of Justice Trump heard The State of Illinois and the County of Cook, the house of Chicago, in February on policies which he supported on the capacity of the federal authorities to enforce the laws on immigration, the first trial of the administration intended specifically for “sanctuary jurisdictions”, which makes it possible to prevent or limit the local authorities of the states, cities or federal municipalities.
In the 22 -page trial, deposited a few days after the Attorney General Pam Bondi was confirmed by the Senate, the Ministry of Justice sought to block State,, city And county Ordinances which prohibit local police to help the federal government to apply civil immigration in the absence of a criminal mandate. Bondi said policies “hinder” the federal government.
“The disputed provisions of Illinois, Chicago and the County County Law reflect their intentional efforts to obstruct the application by the federal government of the federal immigration law and to hinder the consultation and communication between federal, state and local officials of the application of the laws which are necessary for federal officials to secure the leaders of federal immigration and Security of Americans, ”according to the trial.
The administration has taken similar measures to target the jurisdictions of the sanctuary across the country, in particular a prosecution this week against New York, which was described by the Ministry of Justice as “the avant-garde of interference to the application of the immigration laws of this country” in complaint Classified Thursday. The administration brought a separate legal action targeting New York State in February on its “Green Leaves Act”, which allows undocumented immigrants to request non -commercial driving licenses and prohibit state officials from transmitting this data to the federal immigration authorities.
In June, the Ministry of Justice filed a complaint against Los Angeles for immigration policies which he asserted and discriminated against federal immigration agents by treating them differently from other agents of the application of state laws. The trial intervened, while officials of the Trump administration became higher with the Democratic leaders of California after the efforts to hold immigration in the state led to clashes between demonstrators and federal authorities, and led the administration to deploy thousands of troops from the National Guard.
In January, Trump signed a executive decree Ordering Bondi and the Secretary of Internal Security, Kristi Noem, to guarantee the courts of the sanctuary “do not receive access to federal funds” and consider pursuing criminal or civil sanctions if the localities “interfere with the execution of federal law”.
A federal judge in April blocked the effort to retain federal funds Jurisdictions of the sanctuary, concluding that Trump’s order violated the principles of separation of the powers of the Constitution. This judge blocked a previous effort from Trump in 2017.
Kelly O’Donnell contributed.
