* American Civil Liberties Union of Illinois and the National Immigrant Justice Center…
Today’s lawsuit filed by four county sheriffs seeking to strike down the Illinois Trust Act is a thinly-veiled attempt to justify ongoing violations of the law. Courts across the United States, including the Seventh Circuit and local federal district court, have held that ICE detainers are voluntary, such that laws like the TRUST Act create no conflict with federal law.
Under the TRUST Act, Illinois simply requires that Federal immigration officials provide a judicial warrant, like would be expected for any other arrest, before local law enforcement are permitted to honor an immigration detainer. That policy was established in Illinois by an elected legislature and Republican Governor Rauner. Indeed, Governor Rauner publicly cited to the binding case law on detainers for why he decided to sign the TRUST Act. Nothing about the TRUST Act is unconstitutional. It simply doesn’t comport with the way in which these four sheriffs want to conduct their work.
Law enforcement in Illinois cannot pick and choose which laws they follow and which they do not. We encourage the Illinois Attorney General to vigorously oppose this lawsuit.
The state law was indeed passed to conform with a federal court ruling.
* The lawsuit was filed by sheriffs from McHenry, Ogle, Stephenson and Kankakee counties. The heart of the suit…
In August of 2017, Illinois enacted a statute styled as the “Illinois Trust Act” that purports to restrict the ability of Illinois law enforcement officers to respond to the immigration detainers properly issued by federal immigration officers.
The Trust Act purports to bar any law enforcement agency or official from detaining “any individual solely on the basis of any immigration detainer or non-judicial immigration warrant or otherwise comply with an immigration detainer or non-judicial immigration warrant.” 5 ILCS 805/15.
The Trust Act also provides that no law enforcement officer may “stop, arrest, search, detain, or continue to detain a person solely based on an individual’s citizenship or immigration status.”
By this plain language, the Trust Act prevents Illinois law enforcement officers from complying with a federal immigration detainer.
If carried out, the Trust Act would prohibit Illinois law enforcement officers from carrying out the requirements of an “immigration detainer.” 5 ILCS 805/15.
That restriction places the Trust Act in direct conflict with the federal detainer rules.
The Trust Act is in direct conflict with federal laws requiring cooperation between
federal and state law enforcement officials.
…Adding… Tribune…
The sheriffs stated in a news release that the Trust Act has exposed them and their offices to litigation over the years, as three of the four have been sued for alleged violations of the Act.
- TheInvisibleMan - Monday, Mar 9, 20 @ 3:17 pm:
police, and specifically sheriffs, are becoming far too entangled in crafting law.
Your job is to enforce state law. Period. You are not a legislative branch, or a military organization. You are a public service.
If you don’t like the law the state has passed, find another line of work. quickly.
We’ve been slowly stepping to a police state for years, and allowing the police a foot in the door on over-riding the laws that have been passed by our state legislature is a dangerous escalation on the road to a fully enabled police state.
That’s not just alarmism. I’m very concerned with the way our law enforcement agencies(sans the state police) have been escalating this attempt to insert themselves in not just enforcing the law, but now in creating it to suit their needs and wants.
- Precinct Captain - Monday, Mar 9, 20 @ 3:24 pm:
Next these sheriffs will say they don’t need no stinkin’ badges.
- very old soil - Monday, Mar 9, 20 @ 3:26 pm:
I hope they are using their personal funds and not my property tax dollars.
- Da Big Bad Wolf - Monday, Mar 9, 20 @ 3:28 pm:
===The state law was indeed passed to conform with a federal court ruling.===
So how can it be in conflict with federal law then?
And I thought the police were generally in favor of the Trust Act. https://illinois.gop/illinois-law-enforcement-supports-trust-act/
- The Edge - Monday, Mar 9, 20 @ 3:39 pm:
I think the reason these 4 want to undo the Trust Act is that it interferes with their ability to detain immigrants for ICE.
- Northsider - Monday, Mar 9, 20 @ 3:40 pm:
Who’s paying their legal costs:
A) their counties? If so, are they on board, or did these guys go rogue?
B) Someone else? If so, who?
- The Edge - Monday, Mar 9, 20 @ 3:44 pm:
And of course make money from ICE.
- fs - Monday, Mar 9, 20 @ 3:47 pm:
== So how can it be in conflict with federal law then?==
It’s not. Under anti-commandeering provisions, which are based on the 10th Amendment, the Federal Government cannot force States to enforce Federal immigration laws. What they’re probably concerned about is potential loss of funding from the Federal Government, which is discretionary.
- Last Bull Moose - Monday, Mar 9, 20 @ 3:58 pm:
I have reached an “a pox on both your houses” state. The Sheriffs need to follow state law as there is no conflict. However, had the federal laws been enforced, we would not have the number of people here illegally.
Follow and enforce all the Immigration laws. Don’t pick and choose.
- Last Bull Moose - Monday, Mar 9, 20 @ 5:12 pm:
Yes I would go after the employers too.
- Da Big Bad Wolf - Tuesday, Mar 10, 20 @ 5:01 pm:
=== Yes I would go after the employers too.==
Yes but the federal government isn’t. What does that tell us? It tells us this concern about “sanctuary cities and states” is as phony as a wooden nickel.
https://time.com/5649108/mississippi-ice-raids-no-employers-charged/
- game android mod - Tuesday, Mar 17, 20 @ 8:44 am:
Now I am ready to do my breakfast, when having my breakfast coming yet again to read other news.
- Casino Game - Monday, Mar 23, 20 @ 9:00 pm:
It’s awesome designed for me to have a website, which is valuable for my experience.
thanks admin