* 7:13 p.m. - A motion filed moments ago in St. Clair County Circuit Court by Illinois Attorney General Lisa Madigan requests the dissolution of previous orders allowing payment of regular wages to state employees despite the absent appropriation authority.
Expect updates to come soon including the motion.
…Adding…For those who need a little background: Normally, state agencies send payroll vouchers to the Comptroller citing specific budget lines (appropriations). But when the state started fiscal year 2016 without a budget, the agencies could not send their payroll to the Comptroller. AFSCME filed suit in St. Clair County Court, which ordered state employees be paid even though there were not budget lines for it.
Meanwhile, the Illinois Supreme Court ruled in a lawsuit brought by AFSCME the state did not have to pay raises outlined in the last enacted bargaining agreement because the Legislature did not give state agencies the appropriation authority.
The AG is essentially bringing the higher court’s ruling into the St. Clair Court’s order.
* 7:28 p.m. - Attorney General Madigan’s statement…
“Like everyone else in this state, I have long hoped that the Legislature and the Governor would pass and enact a budget. Unfortunately, that has not occurred and an order by the St. Clair County Court has removed much of the urgency for the Legislature and the Governor to act on a budget. However, during this long impasse, the Illinois Supreme Court overruled the sole legal basis for the St. Clair County Court’s order to allow state operations to continue without an appropriation. With a new legislative session now underway, this is an appropriate time to ask the Circuit Court to reconsider this order in light of the changes in the law.”
* 8:42 p.m. - I asked the Attorney General’s Office to elaborate on the timing of this motion. Here’s the response…
It has always been our goal to allow the executive and legislative branches to do their job without further litigation. While the stopgap budget was in place, it was our hope that the Governor and Legislature would continue to work to enact a full fiscal year budget. The Legislature and the Governor now face the need to enact a budget for the rest of the fiscal year. With the legislature in session, this is an appropriate time to address the need to pass a full budget to cover all operations.
* 7:32 p.m. - From Anders Lindall, spokesman for AFSCME Council 31…
We learned of this filing barely an hour ago. We are reviewing the motion and will respond in court.
Despite all the chaos in state government in the past two years, the people of Illinois have been able to count on state employees being on the job to serve them. The last thing Illinois needs is the further instability that blocking state payroll could cause.
Governor Rauner created this hostage situation by refusing to enact a fully funded budget unless his unrelated personal demands were enacted first. He should put aside those demands and do his job to work toward a budget without preconditions. Even so, we are shocked and extremely disappointed that the Attorney General would take this action. It is fundamental that everyone who works must be paid on time and in full, but this filing throws that basic commitment into question for state employees.
* 7:49 p.m. - From the Comptroller…
“Had Governor Rauner met his constitutional duty to propose a balanced budget in 2015 or 2016, we would not be facing a scenario where the livelihoods of our frontline employees could be threatened in this way.”
“Due to Governor Rauner’s abdication of his constitutional executive duties, our state finances continue to be managed almost wholly by court orders and judge edicts. It’s shameful that under his administration, the fifth largest state in the country is forced to operate like a bankrupt business.”
“We do not welcome the prospect of state employees going unpaid. I, like my fellow lawmakers, have been going without a paycheck. The last thing I want is for state employees to join me. I can tell you first-hand how hard I see my employees work. They do not deserve to be used as pawns in a manufactured budget impasse.”
“That said, I will abide by all court rulings as Attorney General Madigan pursues this court action.”
* 8:10 p.m. - From the Illinois Republican Party…
Illinois Republican Party Statement on Madigan Political Court Filing:
“While serious bipartisan negotiations have accelerated in the Senate, it is outrageous that Lisa Madigan tonight decided to put Speaker Madigan’s power politics ahead of hard-working families in an effort to shut down state government. Only a Madigan would try to disrupt bipartisan momentum in a matter that threatens to cripple government services and hurt state workers and their families. Comptroller Mendoza and every Democrat in the state who claims to be independent of the Madigan machine should immediately denounce these tactics and stand on the side of state employees and those who depend on them.”
* 8:25 p.m. - From Catherine Kelly, Gov. Rauner’s spokesperson…
“It’s disappointing to see any move to stop employee pay and disrupt government services, especially now as the Senate is on the verge of a bipartisan agreement to enact a balanced budget with changes to the system. This filing seeks to directly harm thousands of employee families and even more who rely on our dedicated state workers everyday. We urge the Attorney General to reconsider this filing and pledge to do all we can to defend employee pay.”
* 8:53 p.m. - Leader Radogno…
“The legislature has been involved in very public, delicate negotiations. The timing of this action could create an unnecessary crisis that could derail real compromise.”
“The Senate president has said that there is an urgent need to have a budget and this would appear to add to that sense of urgency,” spokesman John Patterson said.
* 9:39 p.m. - State Representative Avery Bourne (R-Raymond)…
“The recent court filing from Attorney General Lisa Madigan can only be described as putting politics over people. This politically-motivated action is the same kind of Chicago-style politics that the Madigans too often employ. At a meeting I attended just this morning, a comment was made that, ‘as soon as deals in Illinois are close to done, someone always tries to blow it up.’ While the Senate has been negotiating and making progress towards a bipartisan budget deal, Madigan chose to instead disrupt state employee pay in an attempt to force a shutdown of state government, crippling vital government services and endangering families who rely on them. Attorney General Lisa Madigan should immediately denounce these hardball political tactics and stand with state employees and those who rely on state services.”
* 9:46 p.m. - House GOP Leader Jim Durkin…
The timing of the Attorney General’s action is questionable in light of the current attempts to resolve the budget impasse. This decision clearly undermines the legislature’s duty to negotiate a bipartisan solution
A clause tucked into one of the executive orders President Donald Trump signed yesterday on illegal immigration could create a first-class headache for Gov. Bruce Rauner and his re-election prospects.
The clause—see Section 7 of the order at the bottom of this link—seeks to supercharge an existing program in which state and local law enforcement officials effectively become deputy federal agents, authorized “to perform the functions of immigration officers in relation to the investigation, apprehension or detention of aliens in the United States.”
The program comes with funding, and its intention as expressed in Trump’s executive order is quite clear: “enforcing federal immigration laws for that jurisdiction.”
Now, Rauner has taken great care to put and keep distance between himself and Trump. As previously reported, his administration wrote an unusual letter to congressional leaders urging them to go slow and be careful in revamping Obamacare and Medicaid, and he’s opposed sending the National Guard to Chicago to fight crime, as Trump has seemed to suggest.
But few things fire up the GOP’s conservative base as much as moving to boot “illegals.” And Rauner will need the support of such folks in his 2018 campaign.
And, to win, he’ll also need the support of folks who don’t agree with President Trump.
I’m assuming we’ll be seeing many more tricky and touchy items like this over the next two years.
Calling red light cameras nothing more than revenue generators for municipalities, State Representative David McSweeney (R-Barrington Hills) has introduced a package of legislation aimed at banning the use of red light cameras in Illinois.
“Red light cameras do not enhance public safety, but they do help local governments generate revenue,” McSweeney said. “Raising revenue is not a valid reason to continue the red light camera program in Illinois.”
House Bill 472 bans the use of red light cameras in Illinois and House Bill 473 bans red light cameras in non-home rule units. McSweeney sponsored similar legislation to stop non-home rule communities from using red light cameras in 2015. The legislation passed the Illinois House with 79 votes.
McSweeney said studies continue to show the ineffectiveness of red light cameras to improve public safety. A series of media reports have clearly demonstrated how the implementation of red light camera systems has been rife with abuse and is seen by many as more of a money making endeavor for local governments than a measure to promote safety.
“Studies have shown how the presence of red light cameras can actually create more rear-end collisions,” McSweeney said. “The perception of many Illinois residents is that these cameras are nothing more than an additional way to tax Illinois residents and raise revenue for Illinois municipalities. It is time to eliminate red light cameras.”
* The Question: Should red light cameras be banned by the state? Take the poll and then explain your answer in comments, please.
Why? Because, once I thought about it some more, I realized these announcements could be seen as “markers” set down by Madigan. It’s the stuff he may want from a final deal. In that light, it shouldn’t be seen as a bad thing. It could very well be another step in the dance that must be taken before we’ll get to a deal.
And then, when I was deciding how I should write about this topic or if I should write about it at all, an e-mail suddenly landed in my in-box…
Speaker Michael J. Madigan, D-Chicago, has requested a legislative committee take up potential cost-cutting changes to the state’s procurement process offered by Gov. Bruce Rauner.
“Governor Rauner has proposed a series of changes to the state’s procurement process that could generate savings for the state, and I believe they are worth considering,” Madigan said. “I want to work with the governor to reduce the cost of state government while maintaining transparent and ethical conduct in contracting.”
Illinois enacted procurement reforms in 2009 following the impeachment of Gov. Rod Blagojevich. The reforms created a system of checks to reduce conflicts of interest, including the use of chief procurement officers, state purchasing officers, procurement monitors, and the Procurement Policy Board.
In a letter to state Rep. Al Riley, chairman of the House State Government Administration Committee, Madigan urged members of the committee to immediately begin vetting Rauner’s proposed changes to the state procurement code, and consider the governor’s proposal to streamline the process and reduce costs. In doing so, the committee will thoroughly vet the current procurement process and determine how the Legislature could eliminate unnecessary costs while ensuring ethical conduct.
“Considering these changes is an important step in making state government run more efficiently and at a lower cost to taxpayers, but also in fostering cooperation between the governor and the Legislature,” Madigan said. “The state’s procurement process must provide adequate protections for taxpayer dollars, but we must always be open to considering ways to implement this process with reduced cost.”
Usually whenever Madigan calls for a hearing on a gubernatorial idea, he’s planning to kill it. But today’s press release and the letter he sent to the committee’s chairman (click here) don’t seem to indicate that we’re in for yet another “fair trial before the hanging.”
“There’s been a lot of anticipation this week about voting on a so-called grand bargain,” said Senate Republican Leader Christine Radogno. “Unfortunately, I don’t think we’re to the point of being able to take a vote. That is by no means a statement that we are backing off of this effort.”
Instead, Radogno said, the dozen bills that make up the package are continuing to undergo revisions that she said will make the package better in the long run.
“It is hard and none of us are going to like this in the end,” Radogno said. “A lot of ideas that have made this even more difficult, but will make this better in the end have come from members.”
Senate President John Cullerton said he was “encouraged by the progress we’ve made.”
“So if we need more time to pull this together, I’m going to consider that encouraging,” he said. “The problems we face are not going to disappear. In fact, they are going to get more difficult every day.”
But a series of public hearings and private meetings throughout the week revealed too many roadblocks. Some Republicans said the measure didn’t do enough to cut costs, and Democrats who control the Senate countered that they weren’t going to pass the legislation without GOP votes. […]
“It’s progress that might have seemed impossible just a few weeks ago,” Cullerton said. “So, if we need more time to pull this together, I am going to consider that encouraging. But then, it’s going to come time to make a decision. To reiterate, the problems we face are not going to disappear. In fact, they are going to get more difficult every day.”
The pressure from some labor groups was enough for the leaders to remove one of the 13 bills, a minimum wage bill which would have raised the Illinois minimum wage to $9 an hour beginning on July 1. it would increase by 50 cents until 2021 when it would reach $11. Some labor groups wanted the hike to reach $15, which halted the bill.
And there’s also concern over elements in the workers’ compensation bill. […]
Radogno’s self-described “pep talk” also included a warning: “We’re going to have to come here and take some hard votes. …There’s going to be a lot of pressure on us when we go home, on you guys from certain elements, on us [the Senate leaders] from certain elements. Don’t succumb to that. We need to do this together for the good of the state.”
Cullerton told senators the problems the state face aren’t going to disappear. They’re only getting worse.
* Chuck Sweeny: Bruce Rauner praises Senate compromise; Dave Syverson says it’s not ready for prime time: Syverson, who is taking heat from conservative groups for supporting a tax increase, insisted that the state’s financial condition is so dire that cuts alone won’t solve the problem. He wants any income tax increase to be temporary, perhaps four years. Democrats want a permanent increase. Syverson can’t support the Senate package as it is now. “It’s not good for Rockford. There’s a $750 million tax on new businesses. Any new business will have to pay $250, and it goes up depending on the number of people you hire. That makes no sense. We’re trying to encourage companies to invest here, and this doesn’t help,” Syverson said.
* Phil Kadner: Illinois in the universe of alternative facts
Earlier today, State Rep. Scott Drury outlined the repercussions he has thus far faced for representing his district and not voting for Michael J. Madigan for Speaker of the House. Rep. Drury believes that only by shining a light on the use of fear and punishment to drive decisions in Illinois government can needed change come about.
* Here’s the press release…
Stating that the only way to reform the fundamental flaws in Illinois government is to expose them, earlier today, State Representative Scott Drury (D-Highwood) outlined the repercussions he has thus far experienced for heeding the will of his constituents and not voting for Michael J. Madigan for Speaker of the House. According to Drury, the repercussions are an overt warning to his colleagues – “choose to represent your district at your own risk.”
Ranging from petty to poor policy, the punishments began almost immediately after Drury cast his vote. Indeed, the next day, Democratic House staff handed out on the House floor a gift bag to members of the Democratic caucus. Inside was an engraved desk clock. Drury did not get one.
That small act was only the beginning. Since then, Drury became the only third-term representative, outside of legislative leaders, to be bypassed for a House committee chairmanship. Further, Drury, a former federal prosecutor, not only lost his vice-chairmanship on the House Judiciary-Criminal Committee, but was removed from the committee altogether. Drury received no explanation for his removal.
In drawing attention to the retribution he has faced, Drury made clear that this is not about him but about shining a light on the very real use of fear and punishment in Illinois government to drive important decisions. “No elected official should fear being punished for representing his or her district, and no one should remain silent when it happens,” said Drury. “History is littered with the awful consequences that follow from people remaining silent, when speaking up and taking action is the proper course.”
He voted against the Speaker then he voted against the House rules and now he’s complaining that he didn’t get a clock and wasn’t appointed chairman of a committee.
What did he expect?
*** UPDATE *** From an e-mail to his constituents entitled “The retribution has begun”…
Thank you for the overwhelming support with respect to my decision to not vote for Michael J. Madigan for Speaker of the House. As expected, the retribution has begun. Here are some examples:
I did not receive a committee chairmanship (I am the only third-term representative without a chairmanship);
My Vice-Chairmanship position on the Judiciary-Criminal Committee was taken away;
I have been removed from the Judiciary-Criminal Committee;
In a petty maneuver, the day after the Speaker vote, Speaker Madigan’s staff provided Democratic caucus members with an engraved clock as a gift — I did not receive one.
WHY THIS MATTERS
The actions described above are intended to make members fearful of “stepping out of line.” This leads to decision-making based on self-interest, not public interest. For instance, I recently learned a colleague felt compelled to vote for Mr. Madigan for Speaker out of fear of losing a chairmanship position and the $10,000 stipend that comes with it.
THE SPRINGFIELD REACTION
The disparity between the feedback I have received from real people versus “Springfield types” has truly been amazing. While the public has universally applauded my recent actions, Springfield has resorted to grade-school intimidation techniques — such as name-calling. Springfield has also criticized me for not “going along, to get along.” History has shown that this old way of doing business leads to dismal results.
We will keep you posted on this issue and our other efforts to reform Illinois. As always, thank you for the privilege of allowing me to represent you.
* ABC’s David Muir interviewed President Trump yesterday. Here are the relevant excerpts for our purposes. First up, Chicago violence…
DAVID MUIR: Mr. Trump, let’s talk about many of the things that have happened this week. Chicago. Last night you tweeted about the murder rate in Chicago saying, “If Chicago doesn’t fix the horrible carnage going on I will send in the feds.”
PRESIDENT TRUMP: Right.
DAVID MUIR: You will send in the feds? What do you mean by that?
PRESIDENT TRUMP: It’s carnage. You know, in my speech I got tremendous — from certain people the word carnage. It is carnage. It’s horrible carnage. This is Afghanistan — is not like what’s happening in Chicago. People are being shot left and right. Thousands of people over a period — over a short period of time.
This year, which has just started, is worse than last year, which was a catastrophe. They’re not doing the job. Now if they want help, I would love to help them. I will send in what we have to send in. Maybe they’re not gonna have to be so politically correct. Maybe they’re being overly political correct. Maybe there’s something going on. But you can’t have those killings going on in Chicago. Chicago is like a war zone. Chicago is worse than some of the people that you report in some of the places that you report about every night …
DAVID MUIR: So, I will send …
PRESIDENT TRUMP: … in the Middle East.
DAVID MUIR: … you mentioned federal assistance. There’s federal assistance and then there’s sending in the feds. I’m just curious would you take action on your own?
PRESIDENT TRUMP: I want them to fix the problem. You can’t have thousands of people being shot in a city, in a country that I happen to be president of. Maybe it’s okay if somebody else is president. I want them to fix the problem. They have a problem that’s very easily fixable.
They’re gonna have to get tougher and stronger and smarter. But they gotta fix the problem. I don’t want to have thousands of people shot in a city where essentially I’m the president. I love Chicago. I know Chicago. And Chicago is a great city, can be a great city.
DAVID MUIR: And if they’re unable to fix it?
PRESIDENT TRUMP: It can’t be a great city. Excuse me. It can’t be a great city if people are shot walking down the street for a loaf of bread. Can’t be a great city.
DAVID MUIR: And if they are unable to fix it, that’s when you would send in the feds?
PRESIDENT TRUMP: But so far they have been unable. It’s been going on for years. And I wasn’t president. So, look, when President Obama was there two weeks ago making a speech, very nice speech. Two people were shot and killed during his speech. You can’t have that.
DAVID MUIR: Let me ask …
PRESIDENT TRUMP: They weren’t shot at the speech. But they were shot in the city of Chicago during his speech. What — what’s going on? So, all I’m saying is to the mayor who came up to my office recently — I say, “You have to smarten up and you have to toughen up because you can’t let that happen. That’s a war zone.”
DAVID MUIR: So, this is an “or else.” This is a warning?
PRESIDENT TRUMP: I want them to straighten out the problem. It’s a big problem.
DAVID MUIR: Mr. President, it does strike me though that we’re relitigating the presidential campaign, the election …
PRESIDENT TRUMP: No, no. We’re looking at it for the next time. No, no, you have to understand, I had a tremendous victory, one of the great victories ever. In terms of counties I think the most ever or just about the most ever. When you look at a map it’s all red. Red meaning us, Republicans.
One of the greatest victories ever. But, again, I ran for the electoral college. I didn’t run for the popular vote. What I’m saying is if there are these problems that many people agree with me that there might be. Look, Barack Obama — if you look back — eight years ago when he first ran — he was running for office in Chicago for we needed Chicago vote.
And he was laughing at the system because he knew all of those votes were going to him. You look at Philadelphia, you look at what’s going on in Philadelphia. But take a look at the tape of Barack Obama who wrote me, by the way, a very beautiful letter in the drawer of the desk. Very beautiful. And I appreciate it. But look at what he said, it’s on tape. Look at what he said about voting in Chicago eight years ago. It’s not changed. It hasn’t changed, believe me. Chicago, look what’s going on in Chicago. It’s only gotten worse.
But he was smiling and laughing about the vote in Chicago. Now, once he became president he didn’t do that. All of a sudden it became this is the foundation of our country. So, here’s the point, you have a lot of stuff going on possibly. I say probably. But possibly. We’re gonna get to the bottom of it.
And then we’re gonna make sure it doesn’t happen again. If people are registered wrongly, if illegals are registered to vote, which they are, if dead people are registered to vote and voting, which they do. There are some. I don’t know how many. We’re gonna try finding that out and the other categories that we talk about, double states where they’re — registered in two states, we’re gonna get to the bottom of it because we have to stop it. Because I agree, so important. But the other side is trying to downplay this. Now, I’ll say this — I think that if that didn’t happen, first of all, would — would be a great thing if it didn’t happen. But I believe it did happen. And I believe a part of the vote would’ve been much different.
DAVID MUIR: And you believe millions of illegal votes …
* Editorial: Rauner to Illinois senators: ‘Please don’t give up’: For just a minute, Gov. Bruce Rauner veered off script during his annual State of the State address and tapped the gas pedal on a controversial budget compromise unfolding in the Senate. “We all know this is very, very difficult. There’s a lot of arrows,” he said. “Please don’t give up. Please keep working. Please keep trying. The people of Illinois need you to succeed.”
* Rauner and Democrats clash over State of the State: Against the backdrop of a sharply divided and dysfunctional state government, Republican Gov. Bruce Rauner delivered his midterm State of the State address Wednesday saying he and other politicians have a “moral obligation” to fix Illinois.
Rauner representatives spoke with the Daily Herald editorial board this week about preparations in case the American Federation of State, County and Municipal Employees votes to strike later this month. The union and the governor have failed to agree on a contract proposal, with the governor’s office rejecting the union’s latest proposal earlier this month
Dennis Murashko, the governor’s general counsel, said the governor could fill spots by mobilizing the Illinois National Guard, as Minnesota did in 2001. The governor’s office estimates 28,000 to 30,000 workers around the state could go on strike. AFSCME is scheduled to take a strike vote Jan. 30.
So, maybe now we know why the governor doesn’t want to mobilize the National Guard to help quell Chicago’s violence? /snark
…Adding… Wordslinger makes a valid point in comments…
That’s not snark.
Consider how much time and effort Rauner and the Frat Boys have invested in fighting AFSCME.
Now, compare that to the time and effort they’ve invested in fighting the Chicago homicide explosion.
*** UPDATE *** From AFSCME…
For more than year Bruce Rauner has refused to compromise or even meet with our union, leaving public service workers no choice but to consider authorizing a strike. Rauner is demanding a 100% hike in employee health costs paired with a four-year wage freeze for nearly 40,000 men and women who protect Illinois children, care for veterans, help struggling families and more. Now news reports suggest that Rauner is threatening to try to break a strike with the National Guard—a scheme that was widely criticized when first rumored 18 months ago. Everyone of good conscience, regardless of party, should tell Bruce Rauner to renounce his reckless National Guard scheme, reject confrontation and seek a fair compromise with AFSCME.
* Anyway, how did things go in Minnesota? From an October 2, 2001 NY Times story…
Nearly 28,000 Minnesota state employees walked off the job today in a demand for higher pay, drawing criticism from many Minnesotans, who said the strikers were acting selfishly at a time of national crisis [a few weeks after the September 11th attacks]. […]
The strike, one of the nation’s largest in decades involving public employees, pits two powerful unions against Minnesota’s usually outspoken governor, Jesse Ventura, who has adopted a low profile in this dispute.
The walkout began at 6 a.m. and immediately had a broad effect. Driving tests and birth registrations were delayed. The Minnesota Zoo was closed. The Minnesota National Guard deployed 920 of its members to help operate 120 state-run health care centers, whose social workers, psychologists, nurses’ aides, food workers and janitors were among the strikers.
To fill some of the most crucial positions, Ventura has turned to the National Guard. About 1,000 reservists will report to state-run health care facilities, such as nursing homes for veterans, to feed and care for patients. Others will perform routine maintenance work to make sure, for instance, that boilers are working at all state facilities, Wodele said.
Workers went on strike three weeks after the Sept. 11 terrorist attacks, and the timing has been a public-relations challenge for union members.
Managers pulled double-duty and as many as 1,000 members of the Minnesota National Guard helped out in nursing homes, veterans homes, security hospitals and treatment centers.
Services were disrupted in some state agencies, but no major problems were reported.
Poll results released Friday found that more than half of respondents felt it “wrong for state employees to be on strike now.” The Star Tribune newspaper poll also found people more sympathetic to the administration’s position than to the unions’.
The Illinois Manufacturers’ Association applauds the leadership of Senate President John Cullerton, Republican Leader Christine Radogno and their caucuses for taking a thoughtful and comprehensive first step in an effort to finally end the budget stalemate and once again make Illinois an economic engine.
The IMA’s Board of Directors believe, and we have stated for the last two years, that any final solution must actually solve our state’s problems by eliminating the massive debt, reducing our crushing pension debt, restoring fiscal discipline, and creating a strong business climate that will attract private sector jobs and investment. The proposed legislation outlined by the leaders earlier this week begins to move in that direction.
Last year, the IMA unveiled five key tenets in our Middle Class Manufacturing Agenda that include (1) a balanced budget and pension reform, (2) economic development reform including meaningful changes to workers’ compensation, (3) tax reform to create a broad base with low rates reflecting a modern society, (4) property tax relief, and (5) strengthening our education and workforce development system to ensure a pipeline of qualified workers.
Many of our reforms are partially incorporated into this framework but there are more steps on this journey to reverse years of fiscal mismanagement and job stifling regulations. We now encourage Governor Rauner and the leadership of the General Assembly to seek input from all interested parties as they craft the final version of this sweeping legislation.
Today, the Illinois Manufacturers’ Association reaffirms our commitment to work with Governor Rauner and lawmakers to solve this historic challenge and move Illinois forward.
It ain’t over ’til it’s over and the IMA is obviously not following the Illinois Chamber’s complete opposition to every aspect of the package.
So, a tiny bit of good news for a change.
By the way, the press release was issued shortly after Senate President Cullerton told the chamber to expect to start voting on the package when they return in two weeks.
Much of the executive order requires an act of Congress. Legal experts we spoke to said the parts of the order directing federal agencies to take action are within the purview of an executive order, but sections ordering states and municipalities to take action would require an act of Congress.
Some legal experts believe only federal grants related to the issue at hand can be revoked. This Yale Law & Policy Review [article] argues that only federal spending on germane programs, in this case, immigration enforcement, can be threatened. In other words, if Chicago and Cook County didn’t follow immigration laws, only public safety grants estimated by the Center for Tax and Budget at $78 million, could be threatened. Other programs, such as aid for homeless services and community block grants, which are part of the city’s overall share of federal aid, would not be affected. Those total $1.3 billion, per CTBA calculations.
Even if a law were passed, a 2012 Supreme Court case related to Obamacare might limit enforcement. In NFIB v. Sebelius, the Affordable Care Act originally contained an expansion of Medicaid, which states had to accept in order to receive any federal funds for Medicaid. The Supreme Court found that threat was a “gun to the head” and overly-coercive, ruling that the federal government could not make such a threat for the sake of enforcing a policy.
The order is about sharing information about immigrants, not forcing local police to seek and detain immigrants. “Sanctuary cities” is not an established legal term, but loosely refers to many aspects of immigration law. The executive order relates to 8 U.S.C. 1373, a law ordering “state and local jurisdictions to share information about individuals’ immigration status with federal authorities,” says Rebecca Glenberg from the American Civil Liberties Union of Illinois. “This doesn’t say anything about state and local governments complying with ICE detainer requests, which is a large part of what is often meant by sanctuary.” The information the federal government would be allowed to access through the executive order is significant, such as a gang database the Chicago Police Department keeps, says Glenberg. U.S. Immigration and Customs Enforcement (ICE) could use that list to identify lawbreakers they want to detain and deport.
The order makes big changes in law enforcement priorities for immigration, eliminating “humanitarian factors”. Again, these do not pertain to Illinois, Cook County or Chicago law enforcement agencies, but the new priorities mean big changes for federal law enforcement agencies. “Now it says anyone who is deportable is a priority. It’s taking away some of the discretional ability law enforcement previously had, how they devote resources,” says Mony Ruiz-Velasco, an immigration attorney and activist with Paso Action. Those changes, Ruiz-Velasco says, will have a sweeping impact, since some immigrants don’t know they have a deportation order against them, and could have had one for years. In addition, existing federal law says any immigrant charged with a crime of any kind–even a misdemeanor–should be deported immediately. In the past, federal law enforcement agencies had the ability to pick and choose which ones they’d deport. For instance, Obama-era rules told ICE agents to ignore deportation orders before 2014, says Ruiz-Velasco, because many orders were poorly recorded and immigrants often didn’t get notification. Now federal agents can and must deport immigrants under much broader circumstances.
Chicago and Cook County lack enforcement agreements with the feds on immigration. A significant portion of the order directs state and local law enforcement agencies to assist with enforcing immigration laws, especially organizations with so-called 287(g) agreements “to provide federal law enforcement to train local law enforcement, and to increase collaboration on immigration enforcement,” according to Ruiz-Velasco. But many of the agreements, along with another program called “Secure Communities” were created during the early Obama Administration and were allowed to lapse because it caused, “a huge increase of racial profiling, people arrested for pretextual stuff, [who were] then turned over to immigration [authorities]. People were unconstitutionally detained, which local law enforcement remained liable for,” says Ruiz-Velasco. Neither Chicago nor Cook County have 287(g) agreements, says Ruiz-Velasco, so this component of the order will not have a local impact.
* The Black Caucus held a press conference after the governor’s State of the State address yesterday. Here’s Politico…
An angered legislative Black Caucus on Wednesday laid into Rauner’s address, saying the governor failed to address issues affecting their communities — and blamed his fixation on a turnaround agenda for holding up a budget and exacerbating issues in their neighborhoods.
State Sen. Patricia Van Pelt on Rauner discussing finding common solutions: “Well, let me tell you a solution: after school programs, that’s a solution. Jobs for youth, that’s a solution. Training for people coming out of prison, that’s a solution,” “I’m asking the governor to take the leadership in executing these things that the senate and the house have brought forth up to his door. We want action, not more disappointment.”
State Rep. Emanuel Chris Welch, D-Westchester: “He had a softball thrown so big and he swung and missed … I can’t tell you how disappointed I am. Our state is in need of change. We need to lift up Illinois, and all the governor has talked about is his turnaround agenda that has brought us down. Shame on Bruce Rauner. We need to bring back MAP funding. .. we need to bring a budget to this state. In 200 years we’ve only had two years where we haven’t had a budget and it’s been under this governor’s leadership. He missed the boat.”
“I thought overall it was just an incredibly tone-deaf speech. It’s tough to hear the governor cry crocodile tears when I would argue he has blood on his hands with all the anti-violence programs he’s cut since he was here,” said Rep. Christian Mitchell, D-Chicago.
“Cuts to mental health, cuts to Medicaid, look at the savage cuts to higher education, which leads to more kids at home without the prospect of a job or future, then maybe turning to drugs and crime,” he said.
The state’s Legislative Black Caucus said the governor missed some key pieces in his address, including funding help for higher education, senior services and non-profits that support mental health issues and people with disabilities.
“Action requires investments and we know that our programs need to be funded and yet there wasn’t really real solutions discussed. I don’t know that he really created the real picture of the state of the state,” State Sen. Kimberly Lightford, D-Chicago, said. “There’s a lot of dire needs and a number of areas and they’re not just in the city of Chicago. They’re in North Chicago. They’re in Waukegan. They’re in East St. Louis. There’s dire needs all over this state.”
Under my direction, the House will begin a thorough vetting process of proposals that will enable us to create jobs while also lifting up and helping the middle class and struggling families around our state.
And speaking after the address, Rep. Lou Lang, representing House Democrats, said they’d propose their own capital bill, as well as bills promoting the speaker’s economic reforms. That includes a reinstatement of the EDGE tax credit for businesses to create jobs and increase the earned income tax credit. And it would also include an increase in the minimum wage and a tax on millionaires — which Madigan has touted for years — to fund schools.
Aside from the fact that none of this is all that new, do you notice anything missing?