U.S. Justice Department questions Illinois’ new immigration bill

Gov. Bruce Rauner risked a conservative backlash when he signed an immigration bill into law this summer.

Now, the Trump administration is lumping the State of Illinois in with 28 other jurisdictions it suspects have adopted so-called “sanctuary city” policies, firing off a letter questioning its compliance with federal law after Rauner signed the Illinois Trust Act.

In a statement Wednesday, U.S. Attorney General Jeff Sessions accused Illinois and other governments of adopting “the view that the protection of criminal aliens is more important than the protection of law-abiding citizens and of the rule of law.”

At risk is federal funding from the Edward Byrne Memorial Justice Assistance Grant. That’s the same grant at the center of a legal fight Chicago is waging with Trump’s Justice Department.

A Rauner spokeswoman did not immediately comment.

John Maki, executive director of the Illinois Criminal Justice Information Authority, said: “The Illinois Criminal Justice Information Authority is confident Illinois is in full compliance with the federal conditions for its Justice Assistance Grants, including compliance with Section 1373. This compliance takes into consideration the recently enacted Trust Act, which codifies federal case law that requires a judge to issue a warrant supported by probable cause before a person can be arrested or jailed for immigration purposes. The Trust Act’s language is clear that it shall not be construed to prohibit the state or local agencies from sharing immigration information with the federal government.”

The Illinois Trust Act would prohibit police in Illinois from detaining or arresting a person based on their immigration status or on federal immigration detainer. The Justice Department letter, obtained by the Sun-Times, pointed to that language in its letter.

“The department is concerned that this appears to restrict the sending of information regarding immigration status,” it states.

The letter notes that the Justice Department “has not made a final determination regarding Illinois’ compliance” with federal law. It has given Illinois until Dec. 8 to respond.