Craig B. Futterman Weighs In on 10th Amendment and ICE Enforcement
Minnesota and Illinois invoke the 10th Amendment in lawsuits to block federal agents in their cities. Here’s why that matters
A novel approach to a centuries-old law
Craig Futterman, a clinical law professor at the University of Chicago said while there’s no doubt that federal government has the right to enforce immigration laws, it remains to be seen whether the courts will accept Illinois and Minnesota’s interpretation of the 10th Amendment.
“What the state’s theories are, both in Minnesota and in Illinois, is that the federal government is using immigration laws as a ruse to target (Democratic-led) states and cities to retaliate against them and interfere with their local policies; to interfere with their sovereignty,” he said.
In its lawsuit, Minnesota argues the administration’s “aggressive and militarized surge interferes with the ability of state and local law enforcement to address crime and protect residents’ health, welfare and safety.”
Illinois officials also allege the DHS “incursion” into the state “and their unlawful and violent tactics, have disrupted the lives and undermined the liberties and property rights of the people, injuring Illinois’ and Chicago’s sovereign and proprietary interests.”
Chicago, as well as Minneapolis and Saint Paul, are also plaintiffs in the lawsuits against the Trump administration.
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