Illinois Democrats have responded to federal criticisms of their state-level immigration policies by asserting that the statutes, including the TRUST Act and Chicago Welcoming City Ordinance, are constitutional and lawful. The letter, backed by Rep. Jesus Garcia and Sen. Richard Durbin, argues that these policies support public safety and do not impede federal authority. The Department of Justice has labeled Illinois and Chicago as sanctuary jurisdictions, but the Democrats have rejected this label, emphasizing their commitment to the Constitution and the rule of law.
The letter, supported by several Illinois Democrats, points out that the Justice Department previously labeled both Illinois and Chicago as ‘sanctuary jurisdictions’ in its latest public listings. However, the Democrats have rebutted the assertion that either the state or city is committing any violation. The TRUST Act, signed by former Republican Governor Bruce Rauner, has been criticized as a sanctuary-style policy for allowing police to not hold people over immigration status alone. The Chicago Welcoming City Ordinance prevents the arrest or detention of an individual solely based on a civil immigration violation and limits local officials from giving ICE access to detainees unless it serves a legitimate law enforcement purpose that is not related to civil immigration enforcement.
Garcia and Durbin cited court precedent, claiming that state or local authorities holding people without an immigration detainer violates the Fourth Amendment, while federal detention does not. They emphasized that these laws do not impede federal immigration enforcement. The letter also notes that Cook County, which includes Chicago, has similar policies. Garcia, who emigrated from Durango, Mexico, in 1965, called on the DHS and DOJ to stop trying to ‘usurp’ state authority, arguing that lawmakers should value the rule of law, public safety, and the Constitution when critiquing Illinois’s immigration policies. The Justice Department confirmed receipt of the letter but declined further comment, while Fox News Digital reached out to DHS for comment, which was not returned by press time.