A federal judge appointed by former President Joe Biden on Friday dismissed a Trump administration lawsuit challenging sanctuary city policies in Chicago and the state of Illinois.
The Justice Department sued Illinois, Cook County and the city of Chicago — along with several state and local officials, including Democratic Gov. JB Pritzker and Mayor Brandon Johnson — in February, arguing their sanctuary laws “interfere” with Immigration and Customs Enforcement’s (ICE) ability to arrest and deport illegal migrants.
District Judge Lindsay C. Jenkins concluded that sanctuary policies — which prohibit local law enforcement from cooperating with federal authorities on immigration enforcement — are protected by the 10th Amendment.
“[T]he Sanctuary Policies reflect Defendants’ decision to not participate in enforcing civil immigration law — a decision protected by the Tenth Amendment and not preempted by [federal immigration laws],” Jenkins wrote in her 64-page ruling.
“Finding that these same Policy provisions constitute discrimination or impermissible regulation would provide an end-run around the Tenth Amendment,” the judge continued. “It would allow the federal government to commandeer States under the guise of intergovernmental immunity — the exact type of direct regulation of states barred by the Tenth Amendment.”
Jenkins also determined that the Trump administration lacked standing to sue the “individual defendants” named in the case, such as Pritzker and Cook.
She dismissed the lawsuit without prejudice, meaning the Trump administration may amend its complaint if it wishes to continue litigating the issue.
In their lawsuit, the Trump administration singled out the Illinois Trust Act and Chicago’s Welcoming City ordinance.
The Trust Act declares that “State law does not currently grant State or local law enforcement the authority to enforce federal civil immigration laws,” while the Welcoming City ordinance emphatically states, “No agency or agent shall: arrest, detain or continue to detain a person solely on the belief that the person is not present legally in the United States.”
Pritzker and Johnson celebrated the judge’s ruling.
“Illinois just beat the Trump Administration in federal court,” the governor wrote on X. “Their case challenging the bipartisan TRUST Act was dismissed — unlike the President, we follow the law and listen to the courts.”
Meanwhile, Johnson tweeted that the ruling “affirms what we have long known: that Chicago’s Welcoming City Ordinance is lawful and supports public safety.”
“Chicago cannot be compelled to cooperate with the Trump Administration’s reckless and inhumane immigration agenda,” the mayor added. “Our city is safer when local law enforcement can focus on the needs of Chicagoans.”
The ruling is a setback to the Trump administration, which earlier this week sued New York City and Mayor Eric Adams over Gotham’s sanctuary city policies — similarly arguing that rules limiting the NYPD’s and other law enforcement agencies’ cooperation with federal immigration enforcement are unconstitutional.
The move came after two illegal migrants allegedly shot an off-duty Customs and Border Protection officer in the face in a Manhattan park.
Attorney General Pam Bondi filed suit against Chicago and the state of Illinois on her first day on the job at DOJ.
Bondi teased that the lawsuit would be the first of several going after sanctuary policies in Democrat-run states and cities.
“If you are a leader of a state or local jurisdiction that obstructs or impedes federal law enforcement, you will be next,” Bondi said in February.
The DOJ has since filed lawsuits against New York City, Los Angeles, Newark, Jersey City, Paterson and Hoboken over sanctuary laws.
The White House and DOJ did not immediately respond to The Post’s requests for comment.
