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AG Madigan urges governor to take steps to protect Illinois residents from presidential orders on immigration

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Attorney General Lisa Madigan today sent a letter to Gov. Rauner condemning the federal executive orders on immigration and urging him to use his authority to protect all Illinois residents from the harm caused by the executive actions. While there is a temporary halt to the immigration travel ban, other provisions of the Orders could greatly impact the lives of Illinois immigrants.

The president issued several Executive Orders on immigration. The executive orders instructed the Secretary of Homeland Security to seek agreements with states and localities to authorize local law enforcement to serve as immigration officers. They also directed that sanctuary jurisdictions are not eligible to receive certain federal grants. Another order suspended immigration from seven nations for 90 days and suspended the admission of all refugees for 120 days.

In her letter, Madigan stated that the Executive Orders have threatened the future of immigrants and refugees who have settled in Illinois and who greatly contribute to the state. The Attorney General urged the governor to refuse to agree to deputize Illinois law enforcement to work as federal immigration officers, policing immigrants in the state. Madigan also urged the governor to strengthen the state’s efforts to ensure immigrants and refugees can safely settle in Illinois and protect them against hate crimes. […]

The Attorney General urged the governor to pledge to protect immigrants and refugees in several ways:

* Refuse to enter into any agreement that would use Illinois law enforcement authorities as federal immigration officers. Deputizing Illinois law enforcement as immigration officers would not only divert already scarce resources away from public safety efforts and raise serious legal questions, but also undermine the values on which the country was built.

* Strengthen the work performed by the Bureau of Refugee and Immigrant Services within the Illinois Department of Human Services, which assists immigrants and refugees settling in Illinois through training, health screening, citizenship classes and other services. From October 1, 2016 through January, 31, 2017, 1,001 refugees arrived in Illinois.

* Commit to strong enforcement of Illinois’ anti-discrimination laws and bolster efforts to fight hate crimes against all residents across the state, including immigrants and refugees. Illinois’ hate crime statute provides both criminal and civil protections to those who have experienced hate-based harassment, injury and property damage.

Immigrants make up about 14 percent of Illinois’ population or nearly 1.8 million residents, making Illinois sixth among all states in the number of foreign-born residents. Cook County ranks the third largest U.S. county in its number of foreign-born residents. The benefits of immigration to Illinois are immense. A recent study found that Illinois businesses owned by immigrants produced $2.6 billion in business income in 2014, with immigrants composing 22 percent of the entrepreneurs in Illinois and immigrant-owned businesses employing over 280,000 people.

* Related…

* ADDED: Press Release: Attorney General Lisa Madigan filed an amicus brief today in the U.S. Circuit Court of Appeals for the 9th Circuit in San Francisco in support of a lawsuit challenging the federal Executive Orders on immigration as illegal and unconstitutional.

* Lawmakers consider expanding Illinois immigrant protections

posted by Rich Miller
Monday, Feb 6, 17 @ 3:11 pm

Comments

–The executive orders instructed the Secretary of Homeland Security to seek agreements with states and localities to authorize local law enforcement to serve as immigration officers.–

I think local law enforcement has enough on their plates without serving as immigration officers and enforcing federal civil law.

Heck, even Pres. Trump said last week that law enforcement in Chicago wasn’t cutting the mustard on violence. I’m sure he’d understand if they don’t take on any extra duties right now, checking people for zer papers.

The governor claims to be in regular contact with top Trump people. Perhaps he should point that out.

Comment by wordslinger Monday, Feb 6, 17 @ 3:21 pm
A political stunt.
State law doesn’t override Federal law.
Famous Illinoisan Abraham Lincoln pretty much settled this back in 1865.

A US president can do this, even Trump.

Comment by VanillaMan Monday, Feb 6, 17 @ 3:24 pm
I cannot imagine what it is like in today’s Illinois to be a law enforcement officer. Cuts to all the social service agencies have necessitated officers to be social workers, children advocates, assist with finding housing for homeless and now the government wants them to be immigration officers. On top of this they must patrol the town they work for, be marriage counselors, family advocates and insure that the streets are safe and sound. All this plus the wrath of the public for writing tickets and being union ‘thugs’. Locals have enough to do without this added burden.

Comment by Cable Line Beer Gardener Monday, Feb 6, 17 @ 3:27 pm
Sounds like she is promoting a sanctuary state theme. Maybe she should run for governor and make that her highest priority on her platform.

Comment by Blue dog dem Monday, Feb 6, 17 @ 3:28 pm
Where do we rank in the numbers of illegal immigrants?

Comment by Anonymous Monday, Feb 6, 17 @ 3:31 pm
Tired of elected lawyers wanting to be politicians. Trump is well within his authority on this item, and SCOTUS will settle this soon enough.

Comment by Saluki Monday, Feb 6, 17 @ 3:42 pm
At what point are we pushing a banana republic? Don’t block. VOTE

Comment by Rocky Rosi Monday, Feb 6, 17 @ 3:45 pm
I don’t agree with this immigration ban/pause at all but the President(even Trump) has the authority to do it.

Comment by John Doe Monday, Feb 6, 17 @ 3:46 pm
===A US president can do this, even Trump===

Um, the 5th and 14th Amendment dictates how a U.S. president may do this, and as far as President Trump’s executive orders, so far they don’t cut the mustard legally.

You can’t remove 1.8 million Illinoisans without due process of law. I don’t know why you’d want to do that, period, but just because Trump wants to do so does NOT mean he can do it any way he chooses.

Comment by 47th Ward Monday, Feb 6, 17 @ 3:47 pm
**You can’t remove 1.8 million Illinoisans without due process of law**

Who is recommending doing that ? Do you understand the difference between legal and illegal immigrants ?

Comment by Duh Monday, Feb 6, 17 @ 3:53 pm
The temporary restraining order issued by a Federal Court in Washington was poorly drafted and likely not withstand scrutiny on appeal.

Comment by Anonymous Monday, Feb 6, 17 @ 3:56 pm
I stand corrected, Duh. Reading too fast and thinking too slow. The point remains, whatever the number of undocumented immigrants is in Illinois, removing them will take more than a Presidential order.

Comment by 47th Ward Monday, Feb 6, 17 @ 3:56 pm
I’m hoping Trump comes down as hard as possible on these ridiculous Sanctuary Cities. While I am not for rounding up otherwise “law abiding” illegals, if one of them ends up in the county lock up for DUI or some other criminal activity then for heaven’s sake call I.C.E. and get them out of here.

Comment by CrazyHorse Monday, Feb 6, 17 @ 4:05 pm
When do we start thinking about protecting US citizens who pay taxes? How about helping the poor legal citizens of Chicago who are being shot and killed everyday.

Comment by American Monday, Feb 6, 17 @ 4:05 pm
She should have waited on this. Let the courts deal with what they have before them.

Mixing legal and illegal immigrants in the arguments is misleading.

Comment by Last Bull Moose Monday, Feb 6, 17 @ 4:07 pm
–Do you understand the difference between legal and illegal immigrants ?–

And how do you determine who is legal or not without due process of law? Magic 8 Ball?

Anyway, read the 5th and 14th Amendments. They’re easy to find on the google. No “person” shall be deprived of due process of law.

–Does Minnie Mouse ever tire of her non-stop grandstanding–

I know the game went late, but pace yourself, it’s only Monday.

Comment by wordslinger Monday, Feb 6, 17 @ 4:07 pm
–No “person” shall be deprived of due process of law.–

Correct. However, the amount of process that is due varies depending on whether the immigrant is here legally or not.

Comment by Ron Burgundy Monday, Feb 6, 17 @ 4:12 pm
So the state’s top lawyer wants the governor to break his oath of office and conspire in an effort to violate federal law. I’m not sure Illinois has seen anything like that since former Gov. John Reynolds supported the secession efforts of the southern third of the state in 1861.

Comment by Downstate Illinois Monday, Feb 6, 17 @ 4:21 pm
** Anyway, read the 5th and 14th Amendments. They’re easy to find on the google. No “person” shall be deprived of due process of law. **

No problem with that either, but due process includes identifying, detaining, and trying the offender. It doesn’t mean ignoring the issue and pretending these people haven’t done anything wrong.

Comment by Duh Monday, Feb 6, 17 @ 4:22 pm
How much of this is just a brush back for the governor’s letter to the comptroller about employee pay? Ordinarily, the executive officers don’t publicly tell each other how to do their jobs, but if Rauner wants to start, two can play at that game.

Comment by Anonymous Monday, Feb 6, 17 @ 4:27 pm
–So the state’s top lawyer wants the governor to break his oath of office and conspire in an effort to violate federal law. –

What federal law requires a state governor to enter into agreements with Homeland Security to force local law enforcement officers to enforce federal civil immigration laws?

If there was already a federal law requiring that, why is it part of the executive order?

Comment by wordslinger Monday, Feb 6, 17 @ 4:30 pm
===I’m not sure Illinois has seen anything like that since former Gov. John Reynolds supported the secession efforts of the southern third of the state in 1861.===

Wow, a lot of history buffs on the blog today. I don’t think this is a modern day Ft. Sumter. This will take some time to play out in the courts. The first step deals with new entries. Trump has made some noise threatening so-called sanctuary cities or states, but he hasn’t done more than that. Yet.

Here’s a decent backgrounder on the current state of legal affairs. So far, U.S. Courts 1, Team Trump, 0. But it’s only the first quarter.

https://www.nytimes.com/2017/02/05/us/politics/trump-immigration-law.html?_r=0

Comment by 47th Ward Monday, Feb 6, 17 @ 4:32 pm
Questions for the Attorney General and the rest of those who want sanctuary state/cities. How many are there? You said they ” greatly contribute to the state” does that mean none are receiving any entitlement benefits? How much has the cost to the tax payers been? By some estimates it is to the tune of 3 to 6 billion a year here in Illinois. Answers Lisa to show us exactly that the illegals here contribute more than they take. This grand standing by her and others need to stop.

Comment by ejpp Monday, Feb 6, 17 @ 4:34 pm
Some days I agree with Lisa, others days I don’t. On this, I partially disagree.

Comment by RNUG Monday, Feb 6, 17 @ 4:36 pm
–How much has the cost to the tax payers been? By some estimates it is to the tune of 3 to 6 billion a year here in Illinois.–

By all means, share “some estimates” on the “entitlements” here in Illinois of whoever it is you’re talking about.

Comment by wordslinger Monday, Feb 6, 17 @ 4:44 pm
===By some estimates it is to the tune of 3 to 6 billion a year here in Illinois===

Could you give us a link to one of those estimates? Also, many people do not care for using the term “illegals” to refer to our friends and neighbors. It is intentionally de-humanizing and betrays your position in this argument. It also diminishes the quality of discourse we’ve come to enjoy on this blog.

I can’t wait to read your detailed academic studies though. I’m kind of a geek for these kinds of analyses. I hope they have lots of charts too.

Comment by 47th Ward Monday, Feb 6, 17 @ 4:55 pm
Federal judges will decide the constitutionality of the EO. Let them.

Comment by walker Monday, Feb 6, 17 @ 5:06 pm
===Could you give us a link to one of those estimates?

I’m sure that will be coming right up.

I’m baffled by the claims that this is so open and shut legal and Constitutional. First, ordering states to carry out federal policy is very questionable especially after King v Burwell where the ability to require states to implement federal policy was significantly curtailed. So the order in relation to tying federal funds for local law enforcement is shaky at best.

The other order itself also tried to invalidate existing green cards which is most definitely flags all sorts of due process issues given permanent legal residents have nearly the same rights as citizens. Kelly got around this by declaring all green card holders as qualifying under the national security exception which was smart, but is at issue to the Constitutionality of the Executive Order. Just because existing green card holders from those seven countries are now exempted, that can change and it’s not moot because of the way Kelly had to clean up the mess. It’s very different than what has been done before in that previous limitations have been prospective and only affected new applicants. Trump’s order is retroactive and affects those with approved visas or immigration statuses. Beyond that, the administration has not shown any evidence of concern and while the President has wide latitude, there is the issue of whether it was a capricious order. Finally, DJT and his genius crew have called it a Muslim ban several times which is relevant to the order once they started blabbing that.

The Illinois AG definitely has relevant concerns here both with the requirement on Illinois law enforcement from the first order and protecting Illinois residents and their employers on the second order.

Simply stating that federal law is supreme ignores the very sticky issues DJT created with an EO that was sloppy and poorly written. Comparing it to the issues of the Civil War is simply hogwash.

Comment by ArchPundit Monday, Feb 6, 17 @ 6:02 pm
Well said, 47. I love charts and number crunching, too. I would like a copy of that economic analysis.

Word, I stumbled onto a new tv show on A&E (no longer any of the A and not much E, but I digress) that is like a live version of “Cops.” Watched Andy and Barney from a little border town in Texas burn some time catching a handful of folks coming across the Rio Grande. No sign of the Feds until well after they were lassoed up by these two guys. I have the greatest respect and support for trained professional law enforcement officers doing their job, but if this is in any way an example of the Federalization of local cops, I’m wary in the extreme. We don’t need human beings treated like speed traps, where in Dewitt County over the weekend a pinhead in a Beemer got rung up for 119 in a 55 and made headline news when he went straight to jail, do not pass Go.

Comment by Arthur Andersen Monday, Feb 6, 17 @ 6:59 pm
–Federal judges will decide the constitutionality of the EO. Let them.–

True, but it would be swell if we citizens could get a coherent and honest explanation as to the reason behind suddenly revoking 60,000 lawfully issued visas and banning all refugees from the effected countries.

And, indeed, why just those countries and not countries from where actual terrorists have originated. “Because…Obama something-something” doesn’t cut it.

If preventing another Bowling Green Massacre is all you’ve got, one suspects other motives besides national security.

Because given that the body count attributable to those in the targeted groups is zero, it would seem that the vetting has been going extremely well.

Comment by wordslinger Monday, Feb 6, 17 @ 7:24 pm
=== - 47th Ward - Monday, Feb 6, 17 @ 3:47 pm:

===A US president can do this, even Trump===

You can’t remove 1.8 million Illinoisans without due process of law. ===

I can see your need for charts and graphs….

Comment by Cadillac Monday, Feb 6, 17 @ 7:34 pm
Wow, good burn Caddy. Ouch. I am devastated by your razor-sharp wit.

Did you have anything else to contribute to this discussion?

Comment by 47th Ward Monday, Feb 6, 17 @ 8:05 pm
Are charts and graphs bad? Too much pointy headed thinking going on with them? I’m very confused.

Comment by ArchPundit Monday, Feb 6, 17 @ 9:12 pm
Classic distraction move.

Comment by Just Me Monday, Feb 6, 17 @ 9:35 pm
Here is one link which estimates the costs of illegal immigrants to Illinoisans:
http://www.fairus.org/publications/the-costs-of-illegal-immigration-to-illinoisans-2007

Comment by CrazyHorse Monday, Feb 6, 17 @ 9:40 pm
So good of some of the commentators to confer automatic US and Illinois citizenship upon anyone who is domiciled in the state.

As for the constitutional question since when did non-citizens qualify for full rights and protections reserved for actual American citizens?

Comment by Anonymous Monday, Feb 6, 17 @ 9:43 pm
Trump is merely trying to protect our nation’s LEGAL citizens. The issue isn’t immigrants, but immigrants not following our laws and becoming a citizen and paying their own way.

I’m tired of paying entitlements and giving free rides. I’ve paid my way my entire adult life. If they want to come to America, they need to do it the legal way and all immigrants should be vetted.

Comment by I Support Trump Monday, Feb 6, 17 @ 10:02 pm
Do you have anything to add 47th, other than more demonstrations of your obvious desire for open borders?

** Also, many people do not care for using the term “illegals” to refer to our friends and neighbors. It is intentionally de-humanizing and betrays your position in this argument**

No, they are, in fact, illegal immigrants.what position are you referring too? My wife is an immigrant and we have played by the rules for nearly 27 years, so trying to create some sort of equivalence between legal and illegal immigrants is insulting.

Comment by Duh Monday, Feb 6, 17 @ 10:18 pm
Opposing mass deportation does not equal support for open borders. Duh.

But I can’t argue with your logic. No one can.

Comment by 47th Ward Monday, Feb 6, 17 @ 10:38 pm
Always perplexing to me, that for those who supposedly care about jobs for African Americans. Good Education for African Americans and community based punishment rather than incarceration for African Americans also advocate to spending valuable resource on non citizens. 25% unemployment in Chicago for African Americans and some want to protect lawbreakers who are here illegally?

Very Strange

Comment by Generation X Monday, Feb 6, 17 @ 11:18 pm
–So good of some of the commentators to confer automatic US and Illinois citizenship upon anyone who is domiciled in the state.–

Who did that?

–As for the constitutional question since when did non-citizens qualify for full rights and protections reserved for actual American citizens?–

You’re just busy with the Strawmen today. That must be a personal defeat for you, if that’s all you’ve got.

Non-citizens do not have all the rights of citizens, but they enjoy Constitutional protections to due process and equal protection under the law.

Look it up. It’s not a secret.

Comment by wordslinger Tuesday, Feb 7, 17 @ 12:00 am
–Always perplexing to me, that for those who supposedly care about jobs for African Americans. Good Education for African Americans and community based punishment rather than incarceration for African Americans also advocate to spending valuable resource on non citizens. –

It’s terrible. First the Germans, then the Irish, Italians, Slavs, Poles, Greeks — all coming here to take our jobs. American aint even their real language.

Plus, most of them are Catholics, not even real Christians. How can they ever become real Americans when they pledge their loyalty to The Pope in Rome?

Comment by wordslinger Tuesday, Feb 7, 17 @ 12:08 am
Come on Bruce, take a step over to the dark side, assuring the vast majority of Illinois and the Republican majority won’t support you in the coming election.

Comment by Anonymous Tuesday, Feb 7, 17 @ 7:55 am
47th, Arch Pundit, Word, AA — All well said. It’s amazing how complicated the democratic process is, with laws and constitutions, and all. And frightening how many people don’t want to deal with that and instead just make unsubstantiated assertions.

Comment by Flapdoodle Tuesday, Feb 7, 17 @ 9:05 am