JONATHAN TURLEY: Why blue states’ new anti-ICE laws are unconstitutional virtue signaling

Illinois has joined California and Connecticut in barring federal immigration agents from conducting “civil arrests” of undocumented immigrants in or around state courthouses. This new sanctuary law appears largely symbolic and raises serious constitutional questions.

At the core of the issue is whether a state can restrict federal jurisdiction, especially after the Civil War. Illinois Governor JB Pritzker has intensified rhetoric against ICE and the Trump administration for months, making comparisons to Nazis and warning that democracy is at risk. However, the new law crosses a constitutional line by not only limiting Immigration and Customs Enforcement (ICE) operations but also establishing a 1,000-foot “buffer zone” around courthouses.

This law treats courthouses like churches, creating sanctuary zones where suspects can claim protection from civil arrest not only inside the building but also within 1,000 feet—unless ICE chooses to ignore the law altogether. Recently, the chief judge in Cook County issued a similar order, and some judges in other states have done the same.

### Legal Challenges and Constitutional Issues

The authority for these sanctuary orders is highly questionable. The federal government enforces laws mandating the arrest of certain individuals for immigration violations. These include mandatory detention of aliens removable due to criminal convictions or terrorism-related activities, as well as detention and removal of those with final deportation orders.

Illinois’ sanctuary law conflicts with the Supremacy Clause of the U.S. Constitution, which states:

> “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof… shall be the supreme Law of the Land; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Additionally, the U.S. Supreme Court has consistently rejected efforts by states to interfere with federal immigration enforcement. In the 1952 case *Harisiades v. Shaughnessy*, the Court affirmed that the federal government has “exclusive” control over immigration policy.

Interestingly, former President Barack Obama once successfully challenged state laws that interfered with federal immigration enforcement. In the 2012 case *Arizona v. United States*, the Supreme Court ruled that:

> “[t]he Government of the United States has broad, undoubted power over the subject of immigration and the status of aliens.”

This federal authority dates back to the 19th century. In the 1893 case *Fong Yue Ting v. United States*, the Court held that Congress has the right to expel aliens of a particular class or allow them to remain, using all proper means to enforce the system.

### Additional Provisions and Implications

Illinois’ new law also creates the ability to sue federal authorities for false imprisonment under state law. Furthermore, the 1,000-foot buffer zone extends around any state court, effectively creating safe zones for undocumented immigrants.

This raises practical questions. For instance, could someone renting an apartment within such a zone claim effective immunity from civil arrest simply by residing there? Could suspects use public sidewalks or spaces within these zones to avoid federal enforcement?

Moreover, with states like Illinois pushing apps that track ICE operations, individuals might evade arrest by stepping into designated safe zones. It remains to be seen whether landlords will increase rents in these areas given the new “immunity” amenity.

If deemed constitutional, states could expand these safe zones beyond courthouses to include city services, clinics, and more, creating a patchwork of sanctuary areas that complicate federal enforcement.

Notably, similar tactics have been attempted by blue states to challenge Second Amendment rights, resulting in ongoing legal battles.

### Conclusion

Despite serious constitutional concerns, these sanctuary laws serve political purposes, allowing lawmakers to signal opposition to federal immigration policies. However, the legal weaknesses of the laws may lead to unintended consequences for individuals who mistakenly believe they are fully protected within these safe zones.

As legal challenges unfold, it remains uncertain how these laws will be enforced or whether courts will uphold them against federal authority.

*For more information, click here.*
https://www.foxnews.com/opinion/jonathan-turley-why-blue-states-new-anti-ice-laws-unconstitutional-virtue-signaling

What to know about immigration enforcement raids in Chicago after nearly 2 months

As the Trump administration’s mass deportation raids enter their second month, their impact has been felt across the Chicago region and the nation. Political tensions have deepened, hundreds have been detained or arrested, and thousands have protested—from a two-story brick U.S. Immigration and Customs Enforcement (ICE) facility in suburban Broadview to city street corners and suburban downtowns.

Throughout it all, activists, protesters, and journalists have faced tear gas and pepper ball rounds. President Donald Trump’s threats to send in the National Guard—first to quell crime in Chicago, then to assist ICE and Border Patrol agents—have, for the moment, not come to fruition.

Here’s what we know about federal immigration enforcement in and around Chicago, as well as other immigration-related stories and the National Guard deployment.

**Stay current with the latest news by subscribing to the Chicago Tribune and signing up for our free Immigration Bulletin newsletter.**

### How We Got Here

On September 8, President Donald Trump’s Department of Homeland Security announced a surge in immigration enforcement in Chicago, dubbing it “Operation Midway Blitz.” The operation targets what officials refer to as “criminal illegal aliens” who have allegedly benefited from the city and state’s sanctuary policies.

This announcement came more than two weeks after Trump said he planned to target Chicago due to its crime rates. In response, Democratic Governor J.B. Pritzker and Mayor Brandon Johnson warned residents about potential immigration sweeps.

“Let’s be clear, the terror and cruelty is the point, not the safety of anyone living here,” Pritzker said on September 2.

Trump had set the stage for the operation with a social media post showing military helicopters flying over Chicago’s lakefront skyline under the title “Chipocalypse Now.” “Chicago is about to find out why it’s called the Department of WAR,” Trump wrote, a day after signing an executive order renaming the Department of Defense to its pre-1949 title.

### ICE in and Around Chicago

Operation Midway Blitz has been visible throughout Chicago and its suburbs. Incidents have ranged from tear gas deployed in Logan Square and the detention of a mother and child at Millennium Park to a manhunt in suburban Mount Prospect and multiple arrests involving rideshare drivers at O’Hare International Airport.

A federal judge has ruled that all immigration enforcement agents must wear body cameras. The judge expressed particular concern over alleged violations during recent clashes, including an incident on Chicago’s East Side where agents used a controversial and potentially dangerous tactic to disable a fleeing vehicle before deploying tear gas during a tense gathering.

Tear gas usage by federal agents during immigration raids has escalated lately—from neighborhoods like Little Village to Lakeview and Irving Park.

On September 12, the operation took a violent turn when agents fatally shot a man in Franklin Park. The man, identified by federal officials as Silverio Villegas-Gonzalez, a 38-year-old Mexican citizen living illegally in the U.S., allegedly tried to flee a traffic stop and struck the officer with his vehicle.

On October 4, federal immigration authorities shot a Chicago woman in Brighton Park, after she allegedly tried to impede them. In the shooting’s aftermath, protesters gathered at the intersection to confront federal forces. Some threw water bottles as agents responded with tear gas and flash-bang grenades.

### Impact on Local Communities

Gig workers, street vendors, and day laborers have been caught up in the crackdown. Emotional arrests have unfolded in the region, including one where federal agents detained a man outside his Naperville apartment as his young sons watched and cried “Pa, te amo.”

In other cases, a Rogers Park man was fined $130 for not carrying his legal papers during questioning, and an Oak Park attorney arrested near a school described agents pointing guns at him and referencing a “Chiraq Team 2” group chat.

Federal immigration raids have also targeted local businesses and events:
– Swap-O-Rama on the Southwest Side was raided by federal agents.
– Videos of targeted raids in Carpentersville circulated online, including activity near the village hall.
– A flower vendor arrested during the launch of Operation Midway Blitz was deported to Mexico.

Waukegan’s mayor has even stepped in during a Border Patrol arrest to ensure the safety of residents.

### What’s Happening in Broadview?

The small suburb of Broadview has become a national spotlight due to confrontations between federal agents and protestors at the local ICE processing center. Since the launch of Operation Midway Blitz in early September, protesters have held near-daily demonstrations outside the facility.

Larger crowds—and subsequent arrests—often gather on Fridays and Sundays, sometimes violating Broadview Mayor Katrina Thompson’s order that protests only occur between 9 a.m. and 6 p.m.

A controversial 8-foot-high security fence erected by federal officials outside the facility was torn down on October 14 following a court order. Broadview officials pushed back, deeming the fence “illegally built,” and demanded the Department of Homeland Security remove it.

Residents remain fearful as the ICE center becomes a battleground amid the immigration blitz. Mayor Thompson, who is the first Black woman to lead Broadview, has refused to take “a position of fear” while navigating the national attention.

U.S. Homeland Security Secretary Kristi Noem recently indicated that ICE may expand operations in Broadview, stating, “we’re here to stay.”

### Chicago Takes Action

In Chicago, aldermen and residents are responding in various ways—leading street patrols, sounding whistles to alert communities of enforcement activity, and organizing protests.

“We’ll do everything in our power to make sure that ICE is out of Chicago,” Alderman Michael Rodriguez of Little Village told the Tribune on October 3.

Numerous U.S. citizens and others have reported being detained or questioned, including:
– A 44-year-old U.S. citizen zip-tied and questioned after work at a downtown bar.
– A Rogers Park man fined for not carrying his legal documents during questioning.

If stopped by ICE, here is what you should do to protect yourself.

Local clergy and faith leaders have publicly condemned the crackdown as “antithetical to the Gospel,” while cafes and restaurants across the city have posted signs barring immigration agents.

Community activism continues ward by ward, with faith leaders offering resources, moral support, and solidarity to those affected.

### The “No Kings” Protests

On October 18, the “Hands Off Chicago” protest at Butler Field in Grant Park drew a large crowd. The sound of whistles—an ominous warning signaling ICE activity in recent weeks—rang out as a sign of solidarity and resistance.

Mayor Brandon Johnson addressed the crowd:

“There are those in this country that have decided, at the behest of this president, to declare war on Chicago and American cities across this country,” Johnson said, eliciting boos from attendees.

“They have clearly decided that they want a rematch of the Civil War. But we are here to stand firm, to stay committed, that we will not bend, we will not bow, we will not cower, we will not submit.”

This demonstration was one of roughly 2,500 similar protests nationwide—another flashpoint in Trump’s ongoing immigration crackdown.

### Could the National Guard Be Next?

Governor J.B. Pritzker has repeatedly criticized the Trump administration’s plans to deploy the National Guard to Chicago, arguing that the stated purpose—combating violent crime—is a cover for militarizing Democratic-controlled cities as political payback.

Appearing on ABC’s *This Week* on October 13, Pritzker said the administration’s goal is to “militarize, especially blue cities and blue states.”

On October 17, the Trump administration asked the U.S. Supreme Court for permission to dispatch troops to the Chicago area while an appeal is pending.

However, a federal judge in Chicago extended a restraining order on October 22, barring President Trump from deploying the National Guard in Illinois as officials await a Supreme Court ruling that could decide the case.

Members of the Texas National Guard arrived in the Chicago area on October 7 as part of preparations.

Trump has discussed invoking the two-century-old Insurrection Act—a statutory exception to the Posse Comitatus Act—which would allow U.S. military involvement in law enforcement during a “rebellion” or when enforcing federal law is deemed “impractical.”

The situation remains fluid as Chicago and its suburbs grapple with the ongoing immigration enforcement surge, community resistance, and the looming possibility of National Guard deployment.

Stay informed with the Chicago Tribune for the latest updates on this critical issue.
https://www.chicagotribune.com/2025/10/27/chicago-immigration-enforcement-raids/

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