Attorneys general from 23 states have united to oppose Chicago and Illinois’ “sanctuary” laws that prevent local law enforcement officers from assisting with the enforcement of federal immigration statutes. The group filed an amicus brief in support of the federal government’s lawsuit against the city and state, arguing that Illinois and Chicago are causing harm to their states by obstructing immigration law enforcement.
Ohio Solicitor General T. Elliot Gaiser, representing the group of attorneys general, emphasized that the national immigration crisis has made every state a border state. He stated that states do not have the right to enact laws that conflict with federal immigration statutes and that Chicago and Illinois are disregarding federalism by ordering local law enforcement to block federal immigration agents from accessing illegal aliens in state or local custody.
The group argues that when Chicago and Illinois impede federal immigration laws, the repercussions extend far beyond their borders. They claim that the harm includes increased expenses for healthcare, education, housing, and crime in the states they represent. They point out that in 2018, over 40% of federal criminal prosecutions were against illegal aliens, and a significant number of aliens in the US with criminal convictions or charges were on Immigration and Customs Enforcement’s non-detained docket as of January 2024.
The attorneys general assert that Chicago and Illinois policies require law enforcement officers to protect illegal aliens with criminal convictions or charges, which goes against the federal statutes. They argue that sanctuary policies in a minority of states can incentivize illegal immigration and jeopardize the welfare of lawful citizens, legal aliens, and the constitutional bargain.
While states have the option to opt out of joint federal-state law enforcement schemes, the group contends that enacting legislation that interferes with Congress’s immigration laws is not permissible. They cite the US Constitution’s Supremacy Clause, which prohibits states from interfering with or controlling the operations of the Federal Government, as well as singling out the Federal Government for unfavorable treatment.
In addition to Ohio, Indiana, and Missouri, the amicus brief was signed by attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wyoming. The Cook County Record first reported on the amicus brief.
This article highlights the collaborative effort of states’ attorneys general to challenge sanctuary laws in Chicago and Illinois that impede federal immigration enforcement. The group emphasizes the importance of upholding federal immigration statutes and preventing harm that extends beyond state borders.
