* The state of Illinois and city of Chicago have filed a lawsuit against the Department of Homeland Security, ICE, Customs and Border Protection, US Border Patrol and Gregory Bovino “in his official capacity as Senior Officer of the Department of Homeland Security and Illinois tactical commander.” From the introduction…

The Trump administration has unleashed an organized bombardment on the State of Illinois and the City of Chicago, causing turmoil and imposing a climate of fear. Though Defendants describe this assault as “immigration enforcement,” the reality is that uniformed, military-trained personnel, carrying semi-automatic firearms and military-grade weaponry, have rampaged for months through Chicago and surrounding areas, lawlessly stopping, interrogating, and arresting residents, and attacking them with chemical weapons.

The perpetrators include federal agents under the leadership of United States Border Patrol, an arm of the U.S. Customs and Border Protection (“CBP”). At the direction of Defendants Kristi Noem and Gregory Bovino, a force created, trained, and equipped to defend the United States border against smuggling and trafficking has unleashed sweeping raids and indiscriminate violence against Illinois’ residents, particularly those living in Chicago. Their leaders condone this activity and demand more of it.

The occupation of Illinois and Chicago is intended to coerce Plaintiffs to abandon their policies, which value and respect the State’s immigrants, and devote their resources to further the immigration policies of the current administration. Illinois and Chicago have refused to do so.

It goes on and on like this for close to 100 pages, providing lots of detailed information and accounts of “lawless” federal government actions on things like the “Roving Patrol Policy,” the “Biometric Scanning Policy,” “Warrantless Arrests,” “Deployment of Riot Control Weapons,” “Arbitrary Enforcement Policy at Sensitive Locations,” “Concealing License Plates” and “Private Trespass.”

* The conclusion…

PRAYER FOR RELIEF

Under 5 U.S.C. § 706 and 28 U.S.C. § 2201, Plaintiffs are entitled to a declaration that Defendants lack authority to impose the Roving Patrol Policy, the Biometric Scanning Policy, the Warrantless Arrest Policy, the Tear Gas Policy, the Arbitrary Enforcement Policy, the Private Trespass Policy, and the Conceal Plates Policy, vacatur of those policies, and an injunction barring Defendants from conducting themselves in accordance with those policies.

WHEREFORE, Plaintiffs request that the Court enter judgment against Defendants and award the following relief:

a. Absent express Congressional authorization, enjoin Defendant CBP from conducting civil immigration enforcement in Illinois;
b. Declare that the Roving Patrol, Biometric Scanning, Warrantless Arrest, Tear Gas, Arbitrary Enforcement, Conceal Plates, and Private Trespass policies violate the APA as set forth above;
c. Declare that Defendants have violated the Tenth Amendment to the United States Constitution as set forth above;
d. Vacate the Roving Patrol, Biometric Scanning, Warrantless Arrest, Tear Gas, Arbitrary Enforcement, Conceal Plates, and Private Trespass policies;
e. Enjoin Defendants from implementing or enforcing the Roving Patrol, Biometric Scanning, Warrantless Arrest, Tear Gas, Arbitrary Enforcement, Conceal Plates, and Private Trespass policies, or engaging in such conduct that comprises the policies;
f. Award Plaintiffs their reasonable fees, costs and expenses, including attorneys’ fees, pursuant to 28 U.S.C. § 2412; and
g. Award any such additional relief as this Court may deem just and proper.

The 10th Amendment claim for relief starts on page 76. Here’s some of the claim for relief on using the Border Patrol in Illinois…

Finding individuals within the interior of the United States who lack authorization to remain and initiating removal proceedings are not duties that Congress authorized Border Patrol to undertake.

Defendants acted without statutory authorization when they deployed over 200 Border Patrol agents to engage in removal operations in Illinois and Chicago. The continued deployment of Border Patrol for removal enforcement in Illinois and Chicago is ultra vires executive action.

Go read the rest.

…Adding… The press release just hit my in-box…

Raoul assert that the federal government has attacked Illinois’ ability to carry out its core sovereign functions — to regulate public health, uphold a system of education for Illinois residents, support the state’s economy, provide public safety and administer its judicial system, enforce state statutes, implement state programs, and ensure that Illinois residents receive the full benefits of state and federal law.

Raoul argues that this assault on the state’s sovereignty is a violation of the Tenth Amendment and violates the Administrative Procedure Act many times over.

Raoul also argues that DHS adopted illegal enforcement policies that harm Illinois residents, including:

• Rather than utilizing targeted removal policies, using roving patrols of teams of agents to interrogate residents without reasonable suspicion that they are unlawfully present.
• Deploying biometric scanning to capture and store the photographs and fingerprints of residents who are not entering or exiting the United States.
• Arresting people without warrants or probable cause.
• Indiscriminately deploying riot control weapons, including tear gas.
• Conducting enforcement at sensitive locations including courthouses, schools, social service organizations and medical facilities without appropriate reasoning.
• Trespassing onto private property without authority.
• Concealing and switching vehicle license plates in violation of federal and state law.

Raoul is asking the court to order federal agents authorized to enforce immigration law in Illinois to stop using tactics that exceed their statutory authority granted by Congress, including dispersing tear gas and other noxious chemicals without warning against persons who are not resisting, scanning the biometric information of Illinois residents, and entering private property without a warrant or permission of the owner. Raoul is asking the court to require written documentation of the basis for questioning Illinois residents regarding their immigration status and the basis for the conclusion that agents were authorized to make warrantless arrests.

Raoul is also requesting a prohibition on enforcement activities in or near courthouses, schools, hospitals and other sensitive locations, except in extenuating circumstances and with safeguards. In addition, Raoul is asking that the court require that all CBP and ICE vehicles have visible, accurate license plates, and only the plates properly assigned and registered to each vehicle.

If Raoul’s request for judgment is granted, he is asking that the court monitor the defendants’ compliance.

* From the governor…

“We have watched in horror as unchecked federal agents have aggressively assaulted and terrorized our communities and neighborhoods in Illinois, undermining Constitutional rights and threatening public safety,” said Governor Pritzker. “In the face of the Trump Administration’s cruelty and intimidation, Illinois is standing up against the attacks on our people. Today, Illinois is once again taking Donald Trump to court to hold his administration accountable for their unlawful tactics, unnecessary escalations, and flagrant abuses of power.”

* From Secretary of State Alexi Giannoulias…

“This lawsuit sends a clear message: Illinois will not stand by while federal agents disregard our laws and compromise public safety,” said Secretary Giannoulias. “We have a fundamental responsibility to protect our residents, and we intend to uphold that authority. Tampering with license plates is illegal and dangerous, and we will hold anyone accountable who breaks our laws and engages in these practices. We are committed to transparency, accountability and keeping our roads safe for everyone.”

On October 22, the Secretary of State’s office launched the Plate Watch Hotline to give residents a clear way to report suspected license plate tampering. The hotline was announced following reports that ICE agents were modifying state-issued plates to carry out their military-style deportation efforts. A widely circulated video on social media captured an ICE agent telling a bystander: “You can record all you want. We change the plates out every day.”

Through the hotline, the Secretary of State’s office received hundreds of tips, including one that led to an investigation confirming ICE agents had switched out license plates on a rented vehicle, which the office immediately revoked. On December 4th, Secretary Giannoulias’ office sent a formal letter to rental car companies and the U.S. Department of Homeland Security, reminding them that swapping or altering license plates is illegal under Illinois law and warning rental companies can be held liable if their vehicles are used in this manner.

Giannoulias also posted a video.