Case: State of Illinois v. Department of Homeland Security

1:26-cv-00321 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 12, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

In September 2025, the U.S. Department of Homeland Security (DHS) undertook “immigration enforcement” activities in the Chicago area, which included “uniformed, military-trained personnel, carrying semi-automatic firearms and military-grade weaponry, [ ] rampag[ing] for months through Chicago and surrounding areas, lawlessly stopping, interrogating, and arresting residents, and attacking them with chemical weapons.” In response, the state of Illinois and the city of Chicago brought this suit ag…

In September 2025, the U.S. Department of Homeland Security (DHS) undertook “immigration enforcement” activities in the Chicago area, which included “uniformed, military-trained personnel, carrying semi-automatic firearms and military-grade weaponry, [ ] rampag[ing] for months through Chicago and surrounding areas, lawlessly stopping, interrogating, and arresting residents, and attacking them with chemical weapons.”

In response, the state of Illinois and the city of Chicago brought this suit against DHS, Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and Border Patrol on January 12, 2026, in the U.S. District Court for the Northern District of Illinois. The Plaintiffs alleged that the Defendants actions–deploying Border Patrol to Illinois, which is not located at an international border–violated the Tenth Amendment, were ultra vires actions not authorized by Congress, and violated the Administrative Procedure Act (APA). Plaintiffs sought injunctive and declaratory relief, as well as attorneys’ fees.

The case was assigned to Judge Sara Lee Ellis, after the Plaintiffs requested the case be reassigned to her because this case shares a significant overlap in factual and legal issues with Chicago Headline Club v. Noem, which was also pending before Judge Ellis.

At a hearing on January 22, 2026, the Plaintiffs requested that discovery be shared from Chicago Headline Club v. Noem. The Defendants did not oppose, provided that any shared discovery “would be subject to the same protections and handling requirements under the orders as originally designated in Chicago Headline Club.”

The parties filed a joint status report on February 12, 2026. The Defendants indicated that they intended to move to dismiss the complaint on or before March 16, 2026, for lack of jurisdiction and failure to state claim. The Defendants also intended to move for a stay of discovery pending resolution of their motion to dismiss.

The case is ongoing.

Summary Authors

Madena Mustafa (3/12/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72131845/parties/state-of-illinois-v-department-of-homeland-security/


Judge(s)

Ellis, Sara Lee (Illinois)

Attorney for Plaintiff

Beeler, Christina Marie (Illinois)

Berks, Paul (Illinois)

Didwania, Vikas Kumar (Illinois)

Attorney for Defendant

Chicago, AUSA - (Illinois)

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Documents in the Clearinghouse

Document
1

1:26-cv-00321

Complaint for Declaratory and Injunctive Relief

State of Illinois et al. v. Department of Homeland Security et al.

Jan. 12, 2026

Jan. 12, 2026

Complaint
39

1:26-cv-00321

Joint Initial Status Report

Feb. 12, 2026

Feb. 12, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72131845/state-of-illinois-v-department-of-homeland-security/

Last updated April 5, 2026, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by State of Illinois ; Filing fee $ 405, receipt number AILNDC-24581339.(Berks, Paul) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

Clearinghouse
2

CIVIL Cover Sheet (Berks, Paul) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

RECAP
3

ATTORNEY Appearance for Plaintiff State of Illinois by Paul Berks (Berks, Paul) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

RECAP
4

ATTORNEY Appearance for Plaintiff State of Illinois by Vikas Kumar Didwania (Didwania, Vikas) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

5

MOTION by Plaintiff State of Illinois to reassign case to Related Case (Didwania, Vikas) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

RECAP
6

ATTORNEY Appearance for Plaintiff State of Illinois by Emily Hirsch (Hirsch, Emily) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

7

ATTORNEY Appearance for Plaintiff City of Chicago by Chelsey Blaire Metcalf (Metcalf, Chelsey) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

8

ATTORNEY Appearance for Plaintiff City of Chicago by Rebecca Alfert Hirsch (Hirsch, Rebecca) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

9

ATTORNEY Appearance for Plaintiff State of Illinois by Cara A Hendrickson (Hendrickson, Cara) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

10

ATTORNEY Appearance for Plaintiff State of Illinois by Alexandra Lane Reed (Reed, Alexandra) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

11

ATTORNEY Appearance for Plaintiff State of Illinois by Robert Henry Weaver (Weaver, Robert) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

12

ATTORNEY Appearance for Plaintiff State of Illinois by Elizabeth H. Jordan (Jordan, Elizabeth) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

13

ATTORNEY Appearance for Plaintiff City of Chicago by Rachel Elisheva Zemke (Zemke, Rachel) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

14

ATTORNEY Appearance for Plaintiff State of Illinois by Mary Johanna Grieb (Grieb, Mary) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

24

MINUTE entry before the Honorable Georgia N. Alexakis: Before the Court is plaintiffs' motion to reassign this matter based on relatedness to Judge Sara L. Ellis, who is presiding over 25 CV 12173. Under Local Rule 40.4(c), motions to reassign based on relatedness "shall be filed in the lowest-numbered case of the claimed related set and noticed before the judge assigned to that case." Therefore, plaintiffs' motion is one for Judge Ellis to resolve, not this Court. On those grounds, this Court denies plaintiffs' motion 5 . The parties are directed to notify the Court promptly after Judge Ellis resolves any motion to reassign on relatedness grounds filed in 25 CV 12173, unless material developments warrant this Court's attention before then. Emailed notice (cn). (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

RECAP

case assigned

Jan. 12, 2026

Jan. 12, 2026

clerk's notice

Jan. 12, 2026

Jan. 12, 2026

CASE ASSIGNED to the Honorable Georgia N. Alexakis. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 3). (jks, )

Jan. 12, 2026

Jan. 12, 2026

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jks, )

Jan. 12, 2026

Jan. 12, 2026

25

SUMMONS Issued (Court Participant) as to Defendants Michael W Banks, Gregory Bovino, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director, Rodney S Scott, U.S. BORDER PATROL, U.S. Customs and Border Protection (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(pjj, ) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

26

ATTORNEY Appearance for Plaintiff City of Chicago by John James Kauffman (Kauffman, John) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

28

SUMMONS Issued (Court Participant) as to Defendant U.S. Immigration and Customs Enforcement (pjj, ) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

29

ATTORNEY Appearance for Plaintiff City of Chicago by Stephen J Kane (Kane, Stephen) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

32

MINUTE entry before the Honorable Sara L. Ellis: In-court status hearing held on 1/22/2026. Government to file its position regarding allowing Plaintiff's counsel in the 25-cv-12173 action to provide copies of the discovery produced by the Government to Plaintiff's counsel in the 26-cv-321 action by 1/29/2026. In-court status hearing set for 2/19/2026 at 2:30 PM, and with initial joint status report due by 2/12/2026. Emailed notice (rj, ) (Entered: 01/26/2026)

Jan. 22, 2026

Jan. 22, 2026

30

MINUTE entry before the Honorable Sara L. Ellis: Case reassigned to the Honorable Sara L. Ellis for all further proceedings pursuant to Local Rule 40.4. Mailed notice. (Attachments: # 1 Request for Reassignment) (lw, ) (Entered: 01/23/2026)

1 Request for Reassignment

View on RECAP

Jan. 23, 2026

Jan. 23, 2026

RECAP
31

TRANSCRIPT OF PROCEEDINGS held on January 22, 2026 before the Honorable Sara L. Ellis. Order Number: 54356. Court Reporter Contact Information: Kelly M. Fitzgerald, kmftranscripts@gmail.com, 312-818-6626. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/13/2026. Redacted Transcript Deadline set for 2/23/2026. Release of Transcript Restriction set for 4/23/2026. (Fitzgerald, Kelly) (Entered: 01/23/2026)

Jan. 23, 2026

Jan. 23, 2026

33

MOTION by Plaintiffs City of Chicago, State of Illinois for leave to file brief of Amicus Curiae of Elder Mmoja Ajabu, Director of Pan-Afrikan Affiars for the Black Panther Movement, in support of Plaintiffs. (Envelope postmark 1/21/2026) (Received by mail in the Clerk's Office on 1/23/26.) (Received for docketing 1/28/26) (ph, ) (Entered: 01/29/2026)

Jan. 23, 2026

Jan. 23, 2026

34

BRIEF of Amicus Curiae Elder Mmoja Ajabu, Director of Pan-Afrikan Affairs for the The Black Panther Movement, in support of Plaintiffs raising the constitutional question of tranny interest of Amicus Curiae. (Envelope postmark 1/21/2026) (Received by mail in the Clerk's Office on 1/23/26.) (Received for docketing 1/28/26) (ph, ) (Entered: 01/29/2026)

Jan. 23, 2026

Jan. 23, 2026

35

CERTIFICATE of Service by Plaintiffs City of Chicago, State of Illinois regarding MOTION by Plaintiffs City of Chicago, State of Illinois for leave to file 33, brief, 34 . (Envelope postmark 1/21/2026) (Received by mail in the Clerk's Office on 1/23/26.) (Received for docketing 1/28/26) (ph, ) (Entered: 01/29/2026)

Jan. 23, 2026

Jan. 23, 2026

36

RESPONSE by Defendants Michael W Banks, Gregory Bovino, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director, Rodney S Scott, U.S. BORDER PATROL, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement to in court hearing,, set deadlines/hearings, 32 Defendants' Response to Plaintiffs' Request to Share Discovery Information from Chicago Headline Club case (Warden, Andrew) (Entered: 01/29/2026)

Jan. 29, 2026

Jan. 29, 2026

RECAP
37

ATTORNEY Appearance for Defendants Michael W Banks, Gregory Bovino, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director, Rodney S Scott, U.S. BORDER PATROL, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement by Andrew Irwin Warden (Warden, Andrew) (Entered: 01/29/2026)

Jan. 29, 2026

Jan. 29, 2026

38

ATTORNEY Appearance for Plaintiff State of Illinois by Christina Marie Beeler (Beeler, Christina) (Entered: 02/04/2026)

Feb. 4, 2026

Feb. 4, 2026

39

STATUS Report Joint Initial Status Report by State of Illinois (Didwania, Vikas) (Entered: 02/12/2026)

Feb. 12, 2026

Feb. 12, 2026

Clearinghouse
40

ATTORNEY Appearance for Defendants Michael W Banks, Gregory Bovino, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director, Rodney S Scott, U.S. BORDER PATROL, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement by Clifford Lee Reeves, II (Reeves, Clifford) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

41

MINUTE entry before the Honorable Sara L. Ellis: In court hearing held on 2/19/2026. The Court modifies the protective order entered in the 25-cv-12173 Chicago Headline Club et al v. Noem et al action to include the plaintiffs in this case as a party. Plaintiffs in this action agree to be bound by the terms of the protective order. Briefing schedule on motion to dismiss: Defendants' motion to dismiss is due by 3/16/2026; Plaintiffs' response is due by 4/15/2026; Defendants' reply is due by 5/1/2026. Next status date for 7/30/2026 at 2:30 PM for ruling on motion to dismiss. The parties should come prepared with a proposed discovery schedule at the next hearing date. Motion for leave to file brief of amicus curiae of Elder Nniha Ajabu, Director of Pan-Afrikan Affairs fir the Black Panther Movement 33 is denied. Emailed notice (rj, ) (Entered: 02/23/2026)

Feb. 19, 2026

Feb. 19, 2026

RECAP
42

MOTION by Defendants Michael W Banks, Gregory Bovino, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director, Rodney S Scott, U.S. BORDER PATROL, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement for leave to file excess pages in suport of motion to dismiss (Unopposed) (Warden, Andrew) (Entered: 03/13/2026)

March 13, 2026

March 13, 2026

RECAP
43

NOTICE of Motion by Andrew Irwin Warden for presentment of motion for leave to file excess pages, 42 before Honorable Sara L. Ellis on 3/19/2026 at 01:45 PM. (Warden, Andrew) (Entered: 03/16/2026)

March 16, 2026

March 16, 2026

44

MOTION by Defendants Todd M. Lyons, Michael W Banks, Department of Homeland Security, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director, Rodney S Scott, Gregory Bovino, Kristi Noem, U.S. BORDER PATROL, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement to dismiss Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Reeves, Clifford) (Entered: 03/16/2026)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

March 16, 2026

March 16, 2026

RECAP
45

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for leave to file excess pages 42 . Defendants may file a brief in support of their motion to dismiss of up to 50 pages and Plaintiffs' may file a response of up to 50 pages. No appearance required on 3/19/2026. Emailed notice (rj, ) (Entered: 03/19/2026)

March 19, 2026

March 19, 2026

46

ATTORNEY Appearance for Plaintiff State of Illinois by Rebekah Idel Marie Newman (Newman, Rebekah) (Entered: 03/27/2026)

March 27, 2026

March 27, 2026

47

transcript

April 1, 2026

April 1, 2026

Case Details

State / Territory:

Illinois

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 12, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Illinois and the City of Chicago

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Customs and Border Protection

Immigration and Customs Enforcement

U.S. Border Patrol

U.S. Department of Homeland Security

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Federalism (including 10th Amendment)

Other Dockets:

Northern District of Illinois 1:26-cv-00321

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Border police

Sanctuary city/state

Recommended Citation