Biden-appointed federal judge tosses Trump's lawsuit against Chicago and Illinois over their 'sanctuary policies'

U.S. District Judge Lindsay C. Jenkins, a Biden appointee, last Friday dismissed a Trump administration lawsuit against sanctuary cities policies in Chicago and the state of Illinois. The complaint, filed by the Department of Justice in February, laid out that the laws in these localities "interfere" with Immigration and Customs Enforcement's (ICE) ability to detain and deport illegal migrants.

However, the judge ruled that sanctuary policies—which prohibit or hinder local law enforcement from cooperating with federal authorities in enforcing immigration laws—are protected by the 10th Amendment.

The lawsuit was directed against Illinois, Cook County and the city of Chicago-along with several state and local officials, including Democratic GovernorJB Pritzker and the Windy City's mayor, Brandon Johnson.

'Sanctuary policies,' "protected by the Tenth Amendment"

Jenkins, in a 64-page order, noted that "the sanctuary policies reflect the Defendants’ decision to not participate in enforcing civil immigration law—a decision protected by the Tenth Amendment and not preempted" by federal immigration law.

"Finding that these same Policy provisions constitute discrimination or impermissible regulation would provide an end-run around the Tenth Amendment. 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."

The Administration can amend the complaint and continue with the litigation

In addition, the judge stressed that the Trump Administration lacked standing to sue the "individual defendants" named in the case, such as Pritzker and Johnson. However, the dismissal of the complaint is "without prejudice," so the DOJ can amend its complaint if it wishes to continue litigation.