SPRINGFIELD – Illinois participated in one court battle with the Trump administration Thursday when a federal judge temporarily blocked enforcement of an executive order that sought to end “birthright citizenship” under the U.S. Constitution.
But the legal battles between the state and the White House over immigration policy continued along other fronts this week as well. The Justice Department filed a new suit against the state of Illinois, Cook County and the city of Chicago over their respective “sanctuary” jurisdiction laws that restrict local law enforcement agencies from cooperating with federal immigration enforcement actions.
Meanwhile, Democrats in the Illinois House passed a series of resolutions Wednesday – amid a walkout by the Republican caucus – condemning the Trump administration for a series of actions taken in the opening weeks of the new administration.
Among Trump’s actions were the executive order on birthright citizenship, a short-lived freeze on distribution of federal aid and grants, threats of tariffs against Canada, Mexico and China; and the pardon of people convicted in the Jan. 6, 2021, assault on the U.S. Capitol in Washington, D.C.
“What’s coming out of Washington, D.C. can be summed up in one word: fascism,” House Speaker Emanuel “Chris” Welch, D-Hillside, said during a speech on the House floor as he chastised Republicans for walking out. “They should be here to speak out against fascism. We cannot be silent.”
Speaking at their own impromptu news conference outside the House chamber, however, Republicans accused Democrats of ignoring more urgent issues facing the people of Illinois.
“Illinois is broke and people are leaving,” Rep. Chris Miller, R-Hindsboro, who attended the Jan. 6 protests in Washington, said during the news conference. “It’s all because of bad public policy, and we aren’t addressing the kitchen table issues that Illinois citizens are interested in. We aren’t talking about safety and security, we aren’t talking about quality education, we aren’t talking about economic opportunity.”
The debates on the House floor Wednesday evening, and the legal developments Thursday, illustrated the deep partisan chasm that exists between the Democratic-controlled state government of Illinois and the Republican administration of President Trump, particularly over the issues of immigration and the rights of undocumented residents.
Birthright citizenship
During his first day back in office Jan. 20, Trump issued a flurry of executive orders, including some meant to follow through on his campaign promises to crack down on immigration, both legal and illegal, into the United States.
Among those was one entitled “Protecting the Meaning and Value of American Citizenship” that purported to deny citizenship to certain people born in the United States to parents who were either not lawfully present in the country or were lawful but temporary residents.
That order was immediately challenged in federal courts around the country, including one filed in Seattle that Illinois Attorney General Kwame Raoul joined on behalf of the state, along with the states of Washington, Oregon and Arizona.
Plaintiffs in that case argued the order violated the plain text of the 14th Amendment – a post-Civil War amendment that, among other things, extended constitutional civil rights to formerly enslaved individuals under both federal and state law.
A key part of the amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
On Jan. 23, U.S. District Judge John C. Coughenour issued a temporary, 14-day restraining order blocking enforcement of the order, giving the court time to schedule a full hearing and review evidence.
That hearing was held Thursday and the court heard brief oral arguments from Assistant Washington Attorney General Lane Polozola and Justice Department attorney Drew Ensign.
Afterwards, Coughenour – a judge on senior status who was appointed to the bench in 1981 by President Ronald Reagan – made it clear he did not accept the White House’s argument, saying that for Trump, “the rule of law is but an impediment to his policy goals.”
He then issued an order granting a nationwide temporary restraining order, stating in the order, “Citizenship by birth is an unequivocal Constitutional right.”
“I am pleased the court has granted our request for a nationwide preliminary injunction and refused to let ‘the beacon of light’ that is the rule of law darken,” Raoul said in a statement after the judge’s ruling. “The 14th Amendment was enshrined in our nation’s Constitution more than 150 years ago, and since then, the right of an individual born in this country to be a citizen of this country has been uniformly recognized.”
The order came one day after a federal judge in Maryland, ruling in a separate case, likewise issued a nationwide restraining order.
Sanctuary status
Meanwhile, even as the birthright citizenship case was proceeding, the Trump administration continued its offensive charge on immigration policy. The administration filed its own lawsuit in federal court in Chicago against the state, Cook County and the city of Chicago, challenging what are often called “sanctuary” laws that the administration argues are intended to shield undocumented immigrants from federal law enforcement.
The suit challenges two state statutes: the 2017 TRUST Act, which prevents state and local law enforcement officials from assisting the federal government with civil immigration enforcement; and a 2021 amendment to that act, known as the Way Forward Act, which prohibits law enforcement agencies from detaining individuals solely based on an immigration detainer or civil immigration warrant.
It also challenges the city of Chicago’s Welcoming City Ordinance and a Cook County ordinance, both of which, the suit alleges, inhibit the ability of local law enforcement to provide assistance or information to federal authorities engaged in immigration enforcement.
The suit argues all of those laws conflict with numerous federal immigration laws, including the recently-enacted Laken Riley Act, which mandates the federal detention of undocumented immigrants accused of theft, burglary, assaulting a law enforcement officer and other violent crimes.
The suit also cites the supremacy clause of the Constitution, found in Article VI, which states that federal laws and treaties of the United States are the “supreme Law of the Land,” regardless of any state laws to the contrary.
“The United States has well-established, preeminent, and preemptive authority to regulate immigration matters,” the suit states. “This authority derives from the United States Constitution, numerous acts of Congress, and binding U.S. Supreme Court precedent.”
But Gov. JB Pritzker said in a statement Thursday that he believes the Trump administration’s lawsuit is without merit, adding, “We look forward to seeing them in court.”
“Unlike Donald Trump, Illinois follows the law,” Pritzker said. “The bipartisan Illinois TRUST Act, signed into law by as Republican governor, has always been compliant with federal law and still is today. Illinois will defend our laws that prioritize police resources for fighting crime while enabling state law enforcement to assist with arresting violent criminals.”
Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
