One of several examples the U.S. Department of Justice gave of how federal officials have been obstructed by Illinois’ migrant sanctuary policies involves an illegal alien released from jail later being accused of murder.
“In January 2025, federal officials issued a detainer request for an alien who was being held in Cook County jail on sexual assault of a minor charges,” the DOJ said. “Pursuant to Cook County’s restrictions, law enforcement officers did not respond to the detainer request … Following the alien’s release from local jail, he was arrested and charged with homicide just 17 days later.”
The filing in federal court comes as the state of Illinois, Cook County and the city of Chicago are asking the judge in the case to hold off on tackling migrant sanctuary policies that the DOJ says obstructs federal agents from doing their job.
In a statement of material facts for its motion for summary judgment against the state’s migrant sanctuary laws, the U.S. Department of Justice last week said the federal government has exclusive authority over immigration laws and enforcement and President Donald Trump issued an executive order declaring a national emergency at the border.
“Congress recently expanded the list of crimes that can trigger mandatory detention requirements to include burglary, theft, larceny, shoplifting, or assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person,” the DOJ said in its filing for summary judgment. “Defendants’ sanctuary policies cause significant harm to federal immigration enforcement and public safety by not honoring immigration detention orders, or helping facilitate access to detainees in local custody.”
At an unrelated event in Jacksonville Tuesday, Gov. J.B. Pritzker reacted.
“We don’t prevent the federal authorities from coming to our jails or coming to our prisons with a federal criminal warrant and take them,” Pritzker said. “We, in fact, I would like them to do that, but it is up to them to go to a court to get that criminal warrant to take them away.”
The DOJ gave an example of immigration officials waiting outside an Illinois prison for an illegal alien being released but were told to leave.
“When ICE attempts to stage an arrest outside of an Illinois state or local facility – including in a public parking lot – facility staff, usually at the direction of the warden, often commands ICE officers to leave the premises,” the DOJ filing said.
In another example given, the DOJ claims an illegal alien that federal officials were obstructed from picking up in a jail was subsequently let out in 2024. That individual was then arrested on a charge of aggravated criminal sexual abuse with a minor, traveling to meet a minor and contributing to the delinquency of a minor.
Tuesday evening, the state said the court should wait to schedule briefs on the motion for summary judgment against the sanctuary laws until their motion to dismiss the lawsuit is dealt with.
“Consistent with this sequence, Defendants request that the Court enter an order: (1) taking the United States’ summary judgment motion … under advisement and staying briefing on that motion until further order of the Court; and (2) instructing the parties to conduct a Rule 26(f) discovery conference within fourteen days of the Court’s ruling on Defendants’ pending motions to dismiss … to the extent any claims remain,” the defendants filing said.
The joint filing of the state of Illinois, Cook County and city of Chicago defending migrant sanctuary policies said the DOJ hasn’t provided a compelling reason to deviate from the typical sequence of federal litigation.
When asked if there needs to be more clarity in the state’s laws preventing local and state officials from cooperating with immigration enforcement, Pritzker said he’s been clear.
“I don’t know how much clearer I could be. I’ve been very straightforward about this,” Pritzker said. “And as far as I’m concerned, like I said, I welcome the authorities coming with criminal warrants to take those folks away.”
The case continues in federal court.
