* Click here for the preliminary injunction. Press release…

Attorney General Kwame Raoul, as part of a coalition of 20 attorneys general, secured a preliminary injunction in an ongoing lawsuit against the Trump administration for attempting to illegally coerce their states into sweeping immigration enforcement by threatening to withhold billions in infrastructure funding.

“States rely on billions of dollars appropriated by Congress to keep our residents safe as they travel our roads, railways and the skies,” Raoul said. “This critical funding has nothing to do with immigration, and the administration’s attempt to hold it hostage unless states agree to do the federal government’s job of civil immigration enforcement is unconstitutional and outrageous. I am pleased with the court’s order and am committed to using all tools at our disposal to fight the Trump administration’s ongoing attempts to play politics with Americans’ lives.”

The injunction, issued by Judge John J. McConnell, Jr. from the U.S. District Court for the District of Rhode Island, prevents the U.S. Department of Transportation (DOT) from imposing sweeping conditions that would require the states and state agencies to cooperate with federal immigration enforcement efforts or lose out on billions of federal dollars that states use to protect public safety and transportation infrastructure.

In their lawsuit against the DOT, Raoul and the coalition point out that imposing an immigration-enforcement condition on all federal transportation funds, which Congress appropriated to support critical infrastructure projects, is beyond the agency’s legal authority. The coalition states rely upon DOT money to fund highway development and airport safety projects, to prevent injuries and fatalities from traffic accidents, and to protect against train collisions. Last year, Illinois was awarded more than $2 billion in DOT grant money, which is used to maintain the National Highway System, state and local roads and bridges, bike paths, transit facilities, public ports, and airports. Raoul and the attorneys general contend that withholding the federal funding will damage public infrastructure across the country and will undermine public trust and cooperation in criminal investigations.

Attorney General Raoul is leading the lawsuit along with California Attorney General Rob Bonta, New Jersey Attorney General Matthew Platkin and Rhode Island Attorney General Peter Neronha. They were joined in filing it by attorneys general from Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Washington and Wisconsin.

* Press release…

Attorney General Kwame Raoul announced today he and 21 attorneys general submitted four joint comment letters opposing the U.S. Department of Energy’s (DOE) proposal to roll back regulations implementing civil rights laws that protect Americans from discrimination.

In the letters, Raoul and the coalition explain these regulations are critical to protecting against sex discrimination, disability discrimination, race and national-origin discrimination, among other forms of discrimination. The letters explain the unlawful rollbacks would strip away Americans’ rights to equal access, protection from discrimination and federal accountability – undermining decades of civil rights progress.

“These laws have long served as the bedrock of equity, ensuring all Americans have access to education, health care, housing and other federally funded programs,” Raoul said. “I will continue to stand with fellow attorneys general to push back on any attempt by the Trump administration to erode our residents’ civil rights, weaken the law and strip away decades of protections and government accountability.”

Last month, the DOE proposed rollbacks that would eliminate its regulatory standards that prohibit discrimination based on race, sex and disability in federally funded programs including DOE facilities’ compliance with federal accessibility standards, which are all enforced through Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973. Additionally, the DOE failed to demonstrate this rulemaking is evidence-based and is not arbitrary, capricious or contrary to constitutional rights, which is required under the Administrative Procedure Act.

In the comment letters, Raoul and the coalition explain that if the regulations are not implemented, recipients of federal funding would lose key tools for investigating and stopping discrimination in federally funded programs and activities. Additionally, without federal construction requirements for DOE facilities, it will be difficult for individuals with disabilities to access schools, labs and energy facilities.

Joining Raoul in submitting the letters are attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.

* Click here for the guidance. Press release…

Attorney General Kwame Raoul, as part of a coalition of 13 attorneys general, issued guidance affirming the necessity and legality of environmental justice initiatives. The guidance reinforces that despite the Trump administration’s recent efforts to brand these critical activities as illegal, public and private entities can still lawfully engage in environmental justice work to ensure a healthy environment for all people to live, play, work, learn and worship.

“Efforts to advance environmental justice remain legal and essential to ensuring all communities have the opportunity to thrive,” Raoul said. “My office is committed to addressing environmental justice issues throughout Illinois, and I proudly join with my fellow attorneys general to support and defend this important work throughout the country.”

In their guidance, Raoul and the attorneys general acknowledge that evidence-based studies and lived experience demonstrate that communities of color, indigenous people and tribal nations, low-income, rural and unincorporated communities, people with disabilities, and non-English speaking communities routinely face disproportionate environmental and health burdens.

Examples of the significant barriers to their well-being faced by residents of these communities include lead poisoning and pollution-related asthma in children, the disproportionate presence of waste dumping and contaminated sites, excessive car and truck traffic, and greater exposure to the negative outcomes of extreme temperatures, flooding and wildfires. These challenges are exacerbated by climate change, which is causing environmental dangers that lead to greater instability, economic hardship and shortened life spans.

Environmental justice initiatives aim to overcome these disparities, developing solutions to persistent harms, and advancing public health, safety, well-being and prosperity across all communities.

The Trump administration has issued executive orders and memoranda attempting to undermine environmental justice, a longstanding federal policy. Under the Trump administration, the Environmental Protection Agency has terminated environmental and climate justice programs and grants, and the Department of Justice has rescinded prior memoranda that prioritized enforcing environmental laws in cases affecting overburdened communities.

The Trump administration has also called for legal challenges to state environmental justice and climate laws.

The coalition’s guidance is directed to state, tribal and local governments, nonprofit and charitable entities, businesses and neighborhood-based groups that are currently engaging in efforts to restore and protect the environment and public health. Raoul and the attorneys general clarify that the president cannot change or dismantle laws passed by Congress, nor can executive orders or agency memoranda change the protections afforded by the U.S. Constitution and other federal and state laws. The guidance notes that civil rights, environmental laws and the Constitution all support public and private efforts to advance environmental justice.

Attorney General Raoul is joined in issuing the guidance by the attorneys general of Arizona, California, Connecticut, Delaware, Hawaii, Massachusetts, Minnesota, Maryland, New York, , Rhode Island and Vermont.

* From last week…

Illinois Attorney General Kwame Raoul today issued a statement on a decision by the District Court for the District of Massachusetts granting a preliminary injunction blocking unlawful provisions in President Donald Trump’s unprecedented elections executive order. Attorney General Raoul co-led a coalition of 19 attorneys general in filing a lawsuit challenging the order in May.

“Nothing is more fundamental to the perseverance of our democracy than the right to vote. Today’s decision by the court acknowledges that Congress and individual states – not the president – has the authority to oversee the elections process.

“While serving in the state senate, I led the effort to pass the Illinois Voting Rights Act as well as a constitutional amendment enshrining the right to vote in our Constitution. These actions have ensured Illinois has some of the strongest election laws in the country, guaranteeing access to the ballot box, encouraging participation and guarding against fraud. Since that time, the General Assembly has used its discretion to expand on our work, enacting laws that maximize voter access and participation – not limit it. The president’s illegal executive order would do just the opposite and would lead to the disenfranchisement of legitimate voters.

“I am proud to join other attorneys general to protect voters’ rights, and I will continue to work to ensure that eligible voters are not met with obstacles when they attempt to exercise their constitutional right to vote.”

A copy of the court’s order is available here.

* Also from last week, click here for the guidance. Press release…

As people in Chicago, Los Angeles and cities around the nation peacefully protest unlawful policies and orders issued by the Trump administration, Attorney General Kwame Raoul today released guidance to help them do so safely. Raoul’s “Know Your Rights Advisory: Safely Participating in Peaceful Protests in Illinois” is available on the Attorney General’s website to help Illinois residents understand their rights and responsibilities while participating in protected First Amendment protests. Attorney General Raoul also issued a guidance summary to ensure local law enforcement officials understand key provisions of the Illinois TRUST Act, which generally prohibits state and local law enforcement from participating in federal civil immigration enforcement.

“It is impossible to ignore the widespread injustice taking place around the nation at the direction of the Trump administration, and it is incumbent upon all of us to speak out and protest these egregious abuses of power. However, protesters have a responsibility to follow the law and express their views peacefully,” Raoul said. “Acts of violence, destruction of property and obstruction of law enforcement are unacceptable, and local law enforcement is responsible for addressing such acts. Local law enforcement officers in Illinois have already shown that they are fully capable of protecting protesters, the public and free speech. I encourage people to review the ‘Know Your Rights Advisory’ on my office’s website before participating in a demonstration. This moment demands that we all use our voices in protest, but it is up to protesters and local law enforcement officers together to maintain public safety at such demonstrations.”

The right to free speech and peaceable assembly protected by the First Amendment includes the right to participate in protests, marches and demonstrations. However, protesters are responsible for expressing their views peacefully and obeying orders issued by local law enforcement. Physical violence, destruction of property, criminal trespass onto private property or other criminal activities are not protected by the First Amendment. Local law enforcement officers may take appropriate crowd management and traffic control measures if needed.

Attorney General Raoul is also reminding demonstrators that it is a federal crime to assault, intimidate or interfere with an officer or employee of the U.S. government while performing official duties, or to obstruct or impede a federal civil immigration enforcement operation.

Illinois’ TRUST Act generally prohibits local law enforcement from participating in civil immigration enforcement. Although the law does not prevent local law enforcement officers from taking action to maintain peace and ensure public safety in their jurisdictions, officers must respect the constitutional and civil rights of all individuals at all times. Local law enforcement officers may not stop, arrest or detain anyone based solely on citizenship or immigration status.

The Attorney General’s “Know Your Rights Advisory: Safely Participating in Peaceful Protests in Illinois” and “Guidance Summary: Key Provisions of the Illinois TRUST Act” contain more information and are available to all on the Attorney General’s website.

Attorney General Raoul urges anyone who believes their rights or someone else’s rights are being violated to remain calm, document all relevant information and do not use force or otherwise resist arrest. Individuals who need to report alleged civil rights violations or alleged violations of the TRUST Act by law enforcement should contact the Attorney General’s Civil Rights Bureau by calling 1-877-581-3692 or by emailing civilrights@ilag.gov.