A federal judge has thrown out the Trump administration’s legal challenge against sanctuary policies in Illinois, Cook County, and the City of Chicago, ruling that the case lacked jurisdiction, standing, and failed to state a legal claim.
In a 64-page opinion issued Friday, U.S. District Judge Lindsay C. Jenkins, a Biden appointee, rejected the Department of Justice’s February lawsuit that claimed the sanctuary policies obstruct federal immigration enforcement and violate the Constitution’s Supremacy Clause.
“The INA [Immigration and Nationality Act] directs the actions of federal agents, but goes no further,” Judge Jenkins wrote. “It implicitly acknowledges that a State’s response to detainers is outside of its control.”
At the center of the Trump administration’s complaint were policies that prevent local authorities from cooperating with federal Immigration and Customs Enforcement (ICE) detainers or sharing information about non-citizens in custody. The administration argued that these sanctuary policies make it “nearly impossible” for ICE to apprehend removable individuals quickly.
However, the court found that federal immigration law does not require states to comply with ICE detainer requests or provide access to detainees, custody statuses, or contact information.
The judge emphasized that such cooperation between federal and state agencies under the INA is allowed—but not mandatory. “Ultimately, like the other INA provisions discussed, the statute reflects only Congress’s hope that States participate in immigration enforcement,” Jenkins wrote.
The court also found that a section of the INA seeking to prevent states from restricting communication with federal immigration authorities violates the 10th Amendment’s protections of state sovereignty.
“This constraint on local rule-making is antithetical to state sovereignty,” the ruling states. “A state’s ability to control its officers and employees lies at the heart of state autonomy.”
While the lawsuit was dismissed without prejudice—leaving the door open for the administration to refile by August 22—Judge Jenkins made clear that the federal government cannot compel states to assist in enforcing civil immigration law unless they voluntarily choose to do so.
The Trump administration has not yet indicated whether it plans to revise and refile the complaint.
