(The Center Square) – The U.S. Department of Justice has until Aug. 22 to file an amended complaint against Illinois’ migrant sanctuary policies.
A federal judge last week tossed the DOJ’s lawsuit against Gov. J.B. Pritzker, Cook County President Toni Preckwinkle, Cook County Sheriff Tom Dart and Chicago Mayor Brandon Johnson for failure to state a claim and lack of standing.
“Once again, the anticommandeering doctrine is at play,” wrote U.S. District Court Judge Lindsay Jenkins. “As explained, the Sanctuary Policies reflect Defendants’ decision to not participate in enforcing civil immigration law – a decision protected by the Tenth Amendment and not preempted by the [Immigration and Nationality Act].”
But, the judge gave the DOJ the opportunity to file an amended complaint by Aug. 22.
“If no amended pleading is filed by the date the court separately provides, the dismissal will convert to one with prejudice,” Jenkins wrote.
The DOJ’s complaint said Illinois law and local ordinances impede the federal government from safely detaining illegal aliens.
Illinois Attorney General Kwame Raoul said Illinois’ migrant sanctuary laws ensure law enforcement use local resources to best protect the communities they serve.
“I will continue to defend the constitutionality of the TRUST Act against the Trump administration’s cruel and draconian immigration activities,” Raoul said in a statement.
Chicago Mayor Brandon Johnson said the city will continue to resist cooperating with federal immigration officials.
“Our local police department does not dub as federal [Immigration and Customs Enforcement] agents. It’s just that simple,” Johnson said. “The Trump administration attempted to sue the City of Chicago. A district court rebuked that suit. Because as a welcoming city, in order for us to continue to build a safe, affordable city, the people of Chicago have to have trust in their local law enforcement.”
Supporters of migrant sanctuary policies say prohibiting law enforcement from inquiring about an individual’s immigration status makes those individuals in the country illegally more likely to report being the victim of crime.
Hosting an event with several attorneys general from other states Tuesday evening in Chicago, Raoul criticized the Trump administration.
“Unfortunately, we have a president who as recently as a couple of months ago, when asked on national TV whether he had to follow the constitution, answered, ‘I don’t know, I’m not a lawyer,’” Raoul said. “On Jan. 20 of this year, we inaugurated a president. We did not coronate a king.
State Sen. Andrew Chesney, R-Freeport, said Democrats don’t get it.
“They will say, whatever it takes … to get elected. And they don’t care,” Chesney told The Center Square. “If they cared, they would lower our property taxes. If they cared, they would cooperate with ICE. If they cared, they would start bringing common sense back to the state of Illinois and stop blaming Donald Trump.”
Chesney said Democrats ignore a record high stock market, “great trade deals” and a secure border.
“Lots of great things happening,” Chesney said.
