Federal Appellate Court Ends McHenry County Quest to Overturn State Law Prohibiting Provision of ICE Detainee Space

From the Federal Appellate Court decision:

Before HAMILTON, BRENNAN, and KIRSCH, Circuit Judges.

HAMILTON, Circuit Judge. In our constitutional scheme, “the States possess sovereignty concurrent with that of the Federal Government, subject only to limitations imposed by the Supremacy Clause.” Tafflin v. Levitt, 493 U.S. 455, 458 (1990).

The States have “substantial sovereign authority” under this arrangement. Gregory v. Ashcroft, 501 U.S. 452, 457 (1991).

This case concerns the boundaries of that authority as applied to municipalities and other political subdivisions created by State law.

In 2021, the State of Illinois passed a law prohibiting State agencies and political subdivisions from contracting with the federal government to house immigration detainees.

Illegal aliens occupied this part of the jail.

Two Illinois counties challenge the law, arguing that it is preempted by federal immigration statutes and that it violates the doctrine of intergovernmental immunity.

The district court rejected those arguments and granted the State’s motion to dismiss for failure to state a claim.

We affirm.

The Illinois law is a permissible exercise of the State’s broad authority over its political subdivisions within our system of dual sovereignty.


Federal Appellate Court Ends McHenry County Quest to Overturn State Law Prohibiting Provision of ICE Detainee Space — 7 Comments

  1. Put McHenry County’s homeless in those empty spaces and feed em, wash em, drug counsel, job train them there using Feds money,–or is that off limits too?

    Then sell the space to other overcrowded jails/prisons.

    Why is that jail hiring if they have way less inmates?

    Layoffs anyone?

    A guard for every inmate is a bit much.

    Ever seen the pay, ot, benefits, and pension for those jobs?

    You’d cry and wish you didnt go to college for your job.

  2. Then why have they been currently soliciting for new Jailers??

    That can’t be low on personnel?

  3. You wouldn’t have better luck in the state judicial system.

    Illinois Supreme Court is majority Democrat.

    Now that this has gone up to a federal appeals level about the only thing left for Kenneally to do is to try to get the U.S. Supreme Court to hear it.

    The article I read about this made it sound like he had not decided whether he would or would not do that.

    Usually with appeals you have limited time to file.

    This blog and the local newspapers will probably let people know what happens.

  4. Why are they hiring and not laying off?

    That’s the question Prim, Tadelman, and Salgado need to answer.

    It’s so easy when you’re spending other people’s money.

  5. Wonder how fast this ‘sovereign authority’ would pivot, if my guy Gov. Abbott, bused 20 K or 30 K border crossers, to Springfield or Chicago City Hall, instead of those crybabies in D.C.?

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