by Ben Szalinski Capitol News Illinois
SPRINGFIELD - The Trump administration cannot withhold federal emergency funding from Illinois because the state refuses to participate in federal immigration enforcement, a Rhode Island federal judge ruled on Wednesday.
President Donald Trump signed an executive order in January requiring the Department of Homeland Security and agencies under its command, such as the Federal Emergency Management Agency, to stop providing federal funds to states that don’t cooperate with federal immigration enforcement.
The move was designed to force states like Illinois to abandon laws that prohibit law enforcement from participating in civil immigration enforcement. Trump’s order could have applied to hundreds of millions of dollars of federal funding Illinois receives for natural disaster responses and other emergencies. But a judge ruled it unconstitutional after Illinois and other states sued.
“I appreciate the court’s conclusion that DHS’ decision-making process was ‘wholly under-reasoned and arbitrary,’” Attorney General Kwame Raoul said in a statement. “The court’s ruling will ensure vital dollars that states rely on to prepare for and respond to emergencies are not withheld simply for political purposes.”
The 2017 TRUST Act, signed by Republican Gov. Bruce Rauner, prohibits Illinois law enforcement from arresting a person based solely on their immigration status. In most cases, law enforcement cannot assist immigration officials with detaining people based solely on immigration status, according to Raoul’s office.
The judge ruled that the order violates the Constitution because Congress controls spending. The attorneys general filed the suit in the U.S. District Court of Rhode Island.
“Sweeping immigration-related conditions imposed on every DHS-administered grant, regardless of statutory purpose, lack the necessary tailoring,” U.S. District Judge William E. Smith wrote. “The Spending Clause requires that conditions be ‘reasonably calculated’ to advance the purposes for which funds are expended ... and DHS has failed to demonstrate any such connection outside of a few programs.”
Abortion funding
Raoul also filed a new motion on Wednesday alongside 21 other states and Washington, D.C., that seeks to stop a new federal law from blocking funding to Planned Parenthood and other health care facilities that provide abortion services.
The attorneys general originally filed the lawsuit at the end of July to challenge a provision in congressional Republicans’ “One Big Beautiful Bill” that prohibits abortion clinics from using Medicaid funding for reproductive health services for one year.
The attorneys general argue the timeline of the law and details about which providers are included is too vague.
“We are urging the court to halt enforcement of the Defund Provision, which is clearly intended to shutter Planned Parenthood,” Raoul said in a statement. “Planned Parenthood facilities play a key role in our nation’s health and wellness by providing preventative care to more than 1 million Americans.”
The motion comes as Planned Parenthood of Wisconsin announced Wednesday that it will pause scheduling abortions because of the bill, causing fears for Illinois abortion providers about a surge in demand. Wisconsin Attorney General Joshua Kaul is also part of the lawsuit.
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