Decision imminent in landmark US Department of Justice lawsuit over immigration enforcement in Chicago and across Illinois

CHICAGO (WLS) — An important ruling is expected soon regarding a lawsuit about immigration enforcement in Illinois, which could have significant constitutional consequences.

A judge from the U.S. district court is poised to determine if a federal lawsuit against Illinois, including Cook County and the city of Chicago, concerning the collaboration with immigration enforcement, will proceed or be thrown out.

The ABC7 I-Team reviewed court filings in the case to learn more about the arguments that the U.S. Department of Justice is making.

ABC7 Chicago is now streaming 24/7. Click here to watch

The lawsuit was filed in February shortly after U.S. Attorney General Pam Bondi took office.

The federal government contends that Illinois laws restricting cooperation between Immigration and Customs Enforcement (ICE) and local police are unlawfully obstructing immigration enforcement, potentially endangering public safety.

In one example included in the filing, federal officials allege a suspect wanted on an immigration detainer was being held in Cook County jail in August 2024, and following state and local laws, jail officials refused to honor ICE’s detainer.

That individual was released, and months later, the DOJ claims they were “subsequently arrested.. for criminal sexual assault and abuse of a minor.”

The examples listed in the court filings do not include any specific details, such as the suspects names or local law enforcement agencies involved in the investigations.

ABC7 Chief Legal Analyst Gil Soffer said while the Illinois TRUST Act and Chicago Welcoming City ordinance may not be found to be outright illegal, it comes down to how they are enforced.

“The state generally would have a right not to cooperate, or affirmatively volunteer to cooperate with the feds,” Soffer said. “It doesn’t have the right to obstruct the feds, and that’s really the key question.”

Soffer said the case boils down to the line between state and federal rights.

“What are the powers of the feds? What are the powers of the states? How do you separate them, and how do you honor each of them?” Soffer said. “This case calls that very concept into question.”

In their filed arguments, U.S. attorneys assert federal powers are “broad and undoubted over the subject of immigration and the status of aliens,” and that prohibiting collaboration makes immigration enforcement “nearly impossible.”

But immigration enforcement has been occurring in Illinois since President Donald Trump took office for his second term.

While ICE has not released the number of arrests at the local or state level, federal data published by Syracuse University’s TRAC, and reviewed by the I-Team, shows from January to March of this year, 6,430 new deportation proceedings were filed in Illinois immigration court.

Illinois Attorney General Kwame Raoul told the I-Team he believes a judge weighing in on this issue is necessary, even if the issue at the center of the case has been argued and settled before.

“I’m pleased that the Department of Justice chose to sue Illinois first, so that we can get clarity for our local law enforcement departments throughout the state,” Raoul said, adding that this has been litigated twice before.

Raoul said of the verdicts in those cases, “The 10th Amendment protects states against being commandeered by the federal government to do what is the federal government’s work.”

In court filings, the state of Illinois has argued there are no federal laws that compel state or local police to “facilitate or effectuate civil immigration detentions” while underscoring local law enforcement will always comply with federal warrants, separate from detainers.

“Congress’s power to determine who may lawfully be in the United States does not include the power to conscript state and local police as federal immigration agents,” the state has argued.

Raoul said he expects the case to be dismissed.

“There is no state department of immigration enforcement. There is no city department of immigration enforcement,” Raoul told the I-Team. “We’ve accepted for a long time now that that is the job of the federal government.”

Cook County and the city of Chicago have also argued the U.S. has failed to state a claim and the case should be dismissed.

Northern District of Illinois Judge Lindsay Jenkins is expected to make a decision on whether the case moves forward or is dismissed any day now.

Copyright © 2025 WLS-TV. All Rights Reserved.

You May Also Like

Illegal migrant who entered US under Biden allegedly kills Indiana mom in DUI hit-and-run

Migrant Who Entered US Under Biden Accused of Killing Indiana Mother in DUI Hit-and-Run

An Indiana mother was allegedly killed in a drunk-driving hit-and-run involving a…
Unusual homeless encampment found atop Brentwood bus shelter

Homeless Encampment Discovered on Roof of Brentwood Bus Shelter

A makeshift homeless encampment hidden atop a bus shelter has been discovered…
Flight to Tel Aviv diverted to Saudi Arabia after incident in cockpit, Israeli security source says

Tel Aviv Flight Diverted to Saudi Arabia After Cockpit Incident

A FlyDubai flight traveling from Dubai to Tel Aviv was diverted to…
Insomnia linked to higher risk of dementia, suicide, stroke and other major health issues: Study

Insomnia Linked to Higher Risk of Dementia, Stroke, Suicide and Other Major Health Problems: Study

A new study suggests that insomnia may be associated with a higher…
Family of NYT exec shot dead by in-laws speaks out on murder

Family of New York Times Executive Shot Dead by In-Laws Speaks Out on Murder

The grieving family of New York Times executive Jonathan McKinsey, who was…
Repeat offender with lengthy rap sheet accused of gunning down Kentucky trooper during traffic stop

Repeat Offender Accused of Killing Kentucky Trooper in Traffic Stop

The Tennessee man charged with killing a Kentucky state trooper was already…
Tennessee murder suspect Emonnie Branch accused of gunning down Kentucky Trooper Hayden Phillips

Tennessee Murder Suspect Accused of Killing Kentucky Trooper Phillips

The Tennessee man charged in the fatal shooting of a Kentucky State…
Suspect accused of killing Pittsburgh pediatrician sexually assaulted woman hours earlier: police

Suspect in Pittsburgh Pediatrician Killing Allegedly Assaulted Woman

The man accused of killing a Pittsburgh pediatrician and critically injuring the…
A Mike Ditka, a Ben Johnson, and a kiss: Recently engaged fans score Monday Night Football moment at Chicago Bears game

Engaged Bears Fans Share Unforgettable Monday Night Football Kiss

CHICAGO () — A newly engaged couple added an unforgettable moment to…
Kings minority owner to pay widow $16M after CHP officer killed in crash

Kings Minority Owner to Pay $16M to CHP Officer’s Widow in Crash Death

The widow of a retired California Highway Patrol officer has been awarded…
Ohio woman sues hospital after surgeon allegedly amputated wrong leg

Ohio Woman Sues Hospital Over Alleged Wrong-Leg Amputation

An Ohio woman battling cancer became a double amputee after a surgeon…
EXCLUSIVE: State Department revokes over 250,000 visas in broad immigration vetting crackdown

State Department Revokes More Than 250,000 Visas in Immigration Vetting Crackdown

The U.S. State Department has canceled more than 250,000 visas since President…