The sheriffs of Ogle, Stephenson, McHenry, and Kankakee counties are seeking an injunction against the Illinois Trust Act. The act requires federal authorities to provide a judicial warrant before local law enforcement officials can detain individuals suspected of breaking immigration laws. The sheriffs' filing, released Monday, alleges that the Trust Act is superseded by federal laws and the United States Constitution. Ogle County Sheriff Brian VanVickle said the Trust Act creates confusion for law enforcement officials: “We cannot operate using two opposing systems at the same time and keep our communities safe. We believe that clear direction from the court will resolve these contradictions.”
The sheriffs allege that they are unable to perform their duties as law enforcement and that they are unable to properly instruct law enforcement personnel under their direction. Stephenson County Sheriff David Snyders stated that the Trust Act creates two legal systems for law enforcement: “The United States Constitution and laws passed by Congress say quite clearly that the federal government controls our country’s relations with foreign countries and with citizens of foreign countries when they are on US soil. But under the Illinois Trust Act we must choose between Washington DC and Springfield as to whom to obey. It’s impossible, it hasn’t worked, and it’s not getting any better.”
The ACLU of Illinois and the National Immigrant Justice Center issued a joint statement in support of the Trust Act. They stated that courts have previously ruled that honoring such immigration detainers is voluntary for states and called the suit "a thinly veiled attempt to justify ongoing violations of the law." The ACLU and the NIJC also stated that the law does not conflict with federal laws, and accused the sheriffs of trying to "pick and choose" the laws they follow. Three of the four sheriffs named in the suit have been sued over violations of the Trust Act.
Other supporters of the law say it helps build trust between law enforcement and immigrant communities by limiting the possibility that interactions with law enforcement will lead to deportation or detention.
Attorney General Kwame Raoul was named as defendant in the suit. His office issued a statement maintaining its support for the Trust Act.
Correction: an earlier version of this story said all four of the sheriffs had been sued. A release from the Ogle County's Sheriff's Office says three of the four have been sued over violations of the Trust Act.