University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name City of Chicago v. Sessions III IM-IL-0023
Docket / Court 1:18-cv-06859 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
This case is another response to efforts by the Trump Administration to strip law enforcement funding from “sanctuary” cities and states unless their governments agree to participate in federal immigration enforcement. The city of Chicago previously sued the Department of Justice over these ... read more >
This case is another response to efforts by the Trump Administration to strip law enforcement funding from “sanctuary” cities and states unless their governments agree to participate in federal immigration enforcement. The city of Chicago previously sued the Department of Justice over these conditions in 2017; details of that ongoing case can be found here.

The city of Chicago filed this lawsuit in the U.S. District Court for the Northern District of Illinois on October 12, 2018. The plaintiff, represented by its Department of Law and private attorneys, sued the U.S. Attorney General under the Administrative Procedure Act (APA), the All Writs Act, the mandamus statute, the Declaratory Judgment Act, and the U.S. Constitution. The plaintiff claimed that immigration-related conditions imposed by the government on federal funding to the city were unauthorized by Congress, ultra vires, and in violation of principles of federalism. The plaintiff sought declaratory relief, as well as an injunction to prevent the government from imposing the conditions on the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) program, which provides support for Chicago law enforcement. The case was assigned to Judge Leinenweber.

In its complaint, the plaintiff pointed out that this court had recently struck down many of the same conditions at issue here, referring to a permanent injunction that had been entered to prevent the conditions from being applied to Byrne JAG grants in the prior fiscal year. The plaintiff alleged that despite this injunction, the government was again attempting to impose unlawful immigration-related conditions on the Byrne JAG grants for fiscal year 2018. The plaintiff stated that three of the FY2018 conditions were materially identical to FY2017 conditions which had been set aside by the court. These conditions required grant recipients to: give the federal government 48-hour notice prior to an arrestee’s release; give federal immigration officials unlimited access to local police stations and law enforcement facilities; and comply with 8 U.S.C. § 1373, which bars local governments from restricting their employees from sharing citizenship and immigration status information with federal immigration authorities. The plaintiff also alleged that the government added an additional unlawful condition for FY2018: requiring cities to certify that they will not publicly disclose federal law enforcement information in an attempt to conceal, harbor, or shield from detection fugitives from justice or undocumented immigrants.

The plaintiff filed an amended complaint on December 17, 2018, addressing the issue of Attorney General Sessions’s resignation, which occurred in November. The plaintiff alleged that Matthew Whitaker’s assumption of Sessions’s duties violated federal law and the Appointments Clause. Furthermore, the plaintiff alleged that since the city received an award letter for its FY2018 Byrne JAG grant shortly after Whitaker took over, Whitaker could not impose the challenged grant conditions on Chicago, because he could not lawfully exercise the powers of the Attorney General.

As of February 27, 2019, the defendant has yet to respond to the complaint. The case is ongoing.

Sam Kulhanek - 02/27/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Federalism
Defendant-type
Jurisdiction-wide
General
Funding
Immigration/Border
Sanctuary city/state
Plaintiff Type
City/County Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
All Writs Act, 28 U.S.C. § 1651
Declaratory Judgment Act, 28 U.S.C. § 2201
Mandamus, 28 U.S.C. § 1361
Defendant(s) U.S. Department of Justice
Plaintiff Description The city of Chicago.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Case Listing IM-IL-0020 : City of Chicago v. Sessions (N.D. Ill.)
Additional Resources
click to show/hide detail
  Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
The Washington Post
Date: May 22, 2017
By: Jefferson Sessions (U.S. Department of Justice)
[ Detail ] [ External Link ]

  Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
Citation: 82 Fed. Reg. Presidential Documents 8793 (Jan. 27, 2017)
[ Detail ] [ PDF ]

  Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Federal Register
Date: Jan. 25, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
1:18-cv-6859 (N.D. Ill.)
IM-IL-0023-9000.pdf | Detail
Date: 02/28/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-IL-0023-0001.pdf | Detail
Date: 10/12/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 34]
IM-IL-0023-0002.pdf | Detail
Date: 12/17/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Leinenweber, Harry Daniel (N.D. Ill.) show/hide docs
IM-IL-0023-9000
Plaintiff's Lawyers Adegbile, Debo Patrick (New York) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Baxenberg, Justin (District of Columbia) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Chaiken, Tal (Illinois) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Crowl, Matthew Charles (Illinois) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Evans, Ari (District of Columbia) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Gorelick, Jamie S. (District of Columbia) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Holtzblatt, Ari (District of Columbia) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Houppert, Justin Anthony (Illinois) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Jennings, Molly (District of Columbia) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Kahlon, Harnaik Singh (Illinois) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Kleinman, Laura A. (Illinois) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Ogden, David W. (District of Columbia) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Safer, Ronald S. (Illinois) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Savitzky, Ari J. (District of Columbia) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Siskel, Edward N. (Illinois) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Spears, Scott D. (Illinois) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Worseck, Andrew W (Illinois) show/hide docs
IM-IL-0023-0001 | IM-IL-0023-0002 | IM-IL-0023-9000
Defendant's Lawyers Chicago, AUSA (Illinois) show/hide docs
IM-IL-0023-9000
Rosenberg, Brad P. (District of Columbia) show/hide docs
IM-IL-0023-9000
Simpson, W. Scott (District of Columbia) show/hide docs
IM-IL-0023-9000

- click to show/hide ALL -

new search
page permalink

- top of page -