Illinois Democrats Tell Feds to Stop Usurping State Immigration Authority

Illinois Democrats moved to assert state control over immigration enforcement, telling federal officials to stop trying to “usurp” Illinois law and local authority. In an August 2025 letter to the U.S. Department of Justice and Department of Homeland Security, a group led by U.S. Representative Jesus Garcia and Senator Richard Durbin argued the state’s rules are constitutional, protect public safety, and preserve trust between police and immigrant communities.

The letter defends the Illinois TRUST Act and the Chicago Welcoming City Ordinance, stressing these measures do not block federal officers from doing their jobs but prevent local police from acting as immigration agents.

State-Federal Clash Over Enforcement Authority

At the center is the Illinois TRUST Act (enacted in 2017 and strengthened by the Way Forward Act in 2021). The law bars local law enforcement from holding someone based only on an immigration detainer without a judge’s warrant.

Illinois Democrats say this approach:

• Honors the Fourth Amendment’s ban on unlawful detention.
• Keeps local resources focused on crime, not civil immigration matters.
• Builds trust so victims and witnesses feel safe reporting crimes.

The Chicago Welcoming City Ordinance follows the same logic: local officials do not detain people for civil immigration violations and restrict access for immigration enforcement unless there is a legitimate law enforcement purpose unrelated to civil immigration.

DHS Secretary Kristi Noem criticized Illinois policy during an August 2025 visit, defending Immigration and Customs Enforcement (ICE) operations and highlighting arrests of people ICE had previously removed, some tied to violent crimes. She claimed the state puts undocumented immigrants ahead of citizens.

Illinois leaders rejected that claim, saying the Constitution—not politics—sets the limits on detentions and that federal arrests remain lawful while local civil holds without warrants do not.

Core State Laws at Issue

• Illinois TRUST Act
  • Stops local police from detaining people based only on immigration detainers without a judicial warrant.
  • Prevents local officers from acting as federal immigration agents.
• Chicago Welcoming City Ordinance
  • Prevents local detention for civil immigration violations.
  • Restricts ICE access to detainees unless there is a valid non-civil immigration law enforcement reason.

Both measures’ sponsors say they aim to build trust so victims and witnesses feel safe reporting crimes and to ensure custody decisions follow clear legal standards.

What the Numbers Show

• Illinois is home to about 1.8 million foreign-born residents (2025 figures).
• An estimated 530,000 undocumented immigrants live in the state (2025 figures).
• The state has spent more than $1 billion on healthcare and related programs for undocumented residents.
• The 2025 budget is set to cut a $330 million healthcare program for those aged 42 to 64.

Supporters argue these investments help families access basic care; critics say the costs strain state finances.

How Federal and State Roles Intersect

Illinois Democrats emphasize a functional division of responsibilities:

• Federal agents: Handle deportation and immigration enforcement.
• Local police: Handle community safety and cannot detain people solely for civil immigration reasons without a judge’s order.

Their letter urges DOJ and DHS to recognize that state laws do not stop federal operations; they only limit local involvement to avoid unlawful detention.

According to analysis by VisaVerge.com, this division has driven frequent court fights in sanctuary jurisdictions—especially when federal agencies ask local jails to hold people for ICE based on detainers alone.

Oversight, Compliance, and Local Practice

• The Illinois Attorney General’s Office monitors compliance with state immigration-related laws and requires annual compliance reports from law enforcement agencies.
• In 2024, the office opened an inquiry into the Joliet Police Department’s adherence to the VOICES Act, which protects immigrant victims of crime who seek help from police.
• State officials say such oversight ensures departments follow the law and treat victims fairly.

Despite increased oversight, federal actions continue. ICE operations in Illinois sometimes use unmarked vehicles and masked agents—tactics that have sparked protests and concern among local leaders. State officials argue these methods can scare witnesses away and weaken police-community partnerships.

Political Reactions and Competing Agendas

• Governor JB Pritzker has defended state policy in Congressional hearings, saying deportations must include due process. He pointed to reported drops in Chicago homicides and shootings in early 2025 as part of his rebuttal to claims that Illinois rules boost crime.
• Republican lawmakers, including Rep. C.D. Davidsmeyer, want to repeal sanctuary policies such as the TRUST Act, citing public safety and budget pressures.
• Legislative proposals like HB 1317 in the Illinois General Assembly would unwind parts of the current framework, though they face a Democratic majority.

Historical Context and National Backdrop

Illinois has long taken a sanctuary stance, limiting local cooperation in civil immigration enforcement to focus on community safety. These policies drew sharp challenges during the Trump administration, when clashes over funding conditions, detainer practices, and city ordinances became regular as the federal government sought broader local help with deportations.

Under President Trump, lawsuits and political fights widened the gap between federal priorities and states like Illinois.

Human Impact on Families and Police Work

For many mixed-status families, rules around detention and data-sharing determine whether they report a crime or stay silent. Community leaders say when people fear a traffic stop could turn into an immigration hold, they avoid calling police—even if they’re victims.

The Illinois TRUST Act and city ordinance aim to reduce that fear by drawing a clear line: local police focus on local crime. For officers, this can translate into:

• Faster reporting.
• More witnesses willing to speak.
• Better case outcomes.

“When people feel safe reporting crimes without fear of immigration consequences, communities and policing both benefit.”

What to Watch Next

1. Potential escalation of federal actions in Illinois—DHS and ICE may step up operations, leading to more political and legal confrontations.
2. Continued state oversight—Attorney General reporting will track department compliance with detention limits and victim protections.
3. Legislative bids to repeal—Republican bills targeting the TRUST Act and related measures will test political resolve in Springfield.
4. City-level enforcement—How Chicago and other cities implement ordinance rules, especially regarding contact with federal agents in local jails.

Practical Guidance for Immigrant Communities

• If arrested, ask if any hold is based on a judicial warrant. Under state law, local police should not detain you solely for a civil immigration request without one.
• Victims of crime can still seek help. Laws like the VOICES Act are intended to protect those who come forward.
• Keep records handy: identification, proof of residence, and any court paperwork help attorneys assess risks and options.
• Reach out to community groups and legal aid clinics—many offer training on how to respond to police questions about immigration status.

Official Resources

For legislative texts and updates on state immigration-related bills, visit the Illinois General Assembly at https://www.ilga.gov. This official resource hosts the TRUST Act, the Way Forward Act amendments, and proposals such as HB 1317.

As Illinois Democrats hold the line on state authority, federal officials maintain that immigration enforcement requires firm action. The debate now turns on where local policing ends and federal power begins—and how both can protect safety while respecting the Constitution.