Amid a week of protests in Chicago and across the country, U.S. Rep. James Comer, R-Ky, chair of the House Oversight committee, began today’s hearing on state sanctuary policies accusing the governors of Illinois, Michigan and Minnesota of “wilfully” ignoring federal law on immigration.
But immigration advocates in Chicago and Illinois Gov. JB Pritzker dispute that.
“Illinois follows the law,” Pritzker said in his opening statement. “I have consistently said violent criminals have no place on our streets and if they are undocumented, I want them out of Illinois and out of our country.”
Pritzker was called to testify before the GOP-led U.S. House Oversight and Government Reform Committee Thursday morning alongside New York Gov. Kathy Hochul and Minnesota Gov. Tim Walz.
In 2017 former Illinois Gov. Bruce Rauner, a Republican, signed the TRUST Act, which prohibits law enforcement agents in Illinois from collaborating with U.S. Immigration and Customs Enforcement.
Many Republican lawmakers repeatedly suggested that sanctuary policies protect immigrants who commit violent crimes and inhibit ICE’s ability to carry out its job.
Mark Fleming, associate director of litigation at the Chicago-based National Immigrant Justice Center, said the Trust Act does not stop ICE from doing immigration enforcement in the state.
“Under the 10th Amendment to the U.S. Constitution, it’s not the responsibility nor is it a requirement that local law enforcement help enforce a federal regulatory program,” Fleming said. “States like Illinois have decided that it’s not in their best interest. That in reality, it harms public safety because people are scared to come to the police when they’re witnesses and victims of crime for fear that some sort of collateral immigration consequence may result from it.”
Jaime Dominguez, associate professor of political science at Northwestern University, said the Trust Act falls within the scope of a state’s right, and that Illinois legally does not have to carry out the responsibility of the federal government.
It’s a state’s right issue.” Dominguez said.
“Immigrants in the state of Illinois, particularly Chicago, have always been viewed as an integral part of the governing apparatus, particularly within the Democratic Party,” Dominguez said.
Immigrants and crime
Rep. Comer began the hearing talking about Katie Abraham, an Illinois woman who was killed in a car accident allegedly caused by a migrant. This was one of several cases GOP lawmakers mentioned during the hearing.
Rep. Brandon Gill, R-Texas, asked Pritzker if he was familiar with the names Franklin Jose Peña Ramos or Jose Martinez Rangel, two Venezuelan nationals charged with killing a 12-year-old girl in Texas.
“Do you think that elected officials should have welcomed them into our communities? Gill asked.
“No,” Pritzker responded.
Gill’s question seemed to suggest that immigrants coming into the country are here to commit crimes.
But attorneys say the reality on the ground is much different, and many of those detained in Illinois by the Trump administration do not have criminal records.
Fleming said a snapshot of 25 people arrested this year by ICE shows that 19 had no previous arrests or contact with police, six had traffic violations and one person had a DUI from a decade ago. NIJC has filed a motion saying the warrantless arrests violate the Nava Settlement, which stemmed from a class-action lawsuit regarding ICE arrests in the Chicago area.
Dominguez said studies show that those born in the U.S. commit more crimes than immigrants.
“We’re not afraid of immigrants here, the only people creating this fear and this uncertainty and instability is the current administration,” Dominguez said. “They’re trying to just pit the immigrant community against each other but also against their neighbors.”
A 2020 study by the National Bureau of Economic Research that found immigrants were 60% less likely to be incarcerated than U.S. born citizens.
‘Sanctuary policies bring in more migrants’
Rep. Anthony Biggs, R-Ariz., claimed that local sanctuary policies have attracted millions of immigrants to the U.S in recent years, asking to be taken to Chicago or New York.
“Because you guys offered sanctuary policies, they believed that they would be protected in your jurisdictions,” Biggs said.
But in the last two years, many immigrants who have shared stories about their journey to the U.S. seeking asylum, or humanitarian parole have said they were given two options at the border — Chicago or New York. It was never their choice, many have said.