Illinois Attorney General Kwame Raoul sued the Department of Homeland Security Monday, alleging federal immigration agents have employed unconstitutional tactics and “acted as occupiers rather than officers of the law” in the state.
In the 103-page lawsuit, which was filed in the U.S. District Court for the Northern District of Illinois, Raoul, joined by the city of Chicago, also named several high-ranking DHS officials, alleging the Trump administration has attempted to “coerce” Illinois over policy differences, including by withholding federal funding and deploying the Illinois and Texas National Guards. Â
The number of Immigration and Customs Enforcement and Customs and Border Protection agents has surged in the state since DHS announced the start of Operation Midway Blitz, a federal immigration crackdown targeting undocumented immigrants in the Chicago area, on Sept. 8.Â
That same day, in Evanston, the city announced that federal agents were expected in “the coming days.”
Since then, the lawsuit alleged, agents have arrested several people in the state without warrants, used chemical weapons against law-abiding residents and illegally concealed license plates.Â
“They randomly, and often violently, question residents,” Raoul said in a Monday news release. “Without warrants or probable cause, they brutally detain citizens and non-citizens alike.”Â
The lawsuit alleged that in Evanston, federal agents handcuffed a landscaper until he proved his citizenship on Oct. 21, along with other incidents.
“Near Chute Middle School, also in Evanston, federal agents violently tackled multiple community members to the ground, repeatedly slamming one young man’s head against the pavement,” the lawsuit read. “One agent pulled out his gun and pointed it directly at an Evanston resident, threatening to shoot him.”Â
The incidents on Halloween prompted the Secretary of State facility near the Levy Senior Center to suspend road exams, the lawsuit alleged.Â
The case also alleged federal immigration enforcement in Chicago has sent schools into lockdown, led service organizations to reduce their offerings and hindered regular courthouse operations.Â
The lawsuit called for the court to prohibit enforcement activities in or near courthouses, hospitals, schools and similar sensitive locations, except in extenuating circumstances. It also requested the court mandate all federal immigration agency vehicles have visible, accurate license plates.Â
The Minnesota Attorney General filed a similar lawsuit Monday, almost a week after federal agents fatally shot a woman in Minneapolis.Â
In the news release, Raoul said the federal government has limited Illinois’ ability to conduct its “core sovereign” functions, violating the 10th Amendment.Â
The lawsuit also asked the court to stop federal agents from exceeding their statutory authority granted by Congress — including by using tear gas, scanning residents’ biometric information and entering private property without owner permission or a warrant.Â
The lawsuit comes after the Department of Justice sued Raoul and Gov. JB Pritzker on Dec. 22 over new immigration protections signed into law on Dec. 9. The Bivens Act allows state residents to file civil lawsuits against agents conducting civil immigration enforcement and knowingly violating state or federal law.
The December Justice Department lawsuit also refers to Illinois’ Court Access, Safety and Participation Act, which prevents the civil arrest of individuals attending certain state court proceedings. The act allows for civil damages for false imprisonment as well. Â
DHS did not immediately respond to requests for comment on the Monday lawsuit.Â
“I filed this lawsuit to stand up for the safety of the people of Illinois and the sovereignty of our state,” Raoul said in the Monday release.
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