Shows local policies violate federal mandates, risk violating federal anti-harboring laws

WASHINGTON, Aug. 7, 2025 /PRNewswire/ -- The Federation for American Immigration Reform (FAIR), America's largest public interest organization advocating for immigration enforcement and sensible migration policies, has filed a brief in the U.S. District Court for the Northern District of Illinois supporting DHS's decision to terminate Shelter and Services Program (SSP) funding to sanctuary jurisdictions—including the City of Chicago, Pima County (Arizona), and the City and County of Denver.

FAIR's brief argues that the plaintiffs lack standing and cannot demonstrate irreparable harm because their alleged injury—loss of SSP funds—stems directly from their own unlawful sanctuary policies. These policies violate the Supremacy Clause of the U.S. Constitution by obstructing federal immigration enforcement objectives enshrined in the Immigration and Nationality Act (INA), and by impeding federal officers in their duties. The plaintiffs' policies, such as Chicago's Welcoming City Ordinance, Pima County's restrictive measures, and Denver's Public Safety Enforcement Priorities Act, prohibit cooperation with federal immigration authorities (like sharing defendants' release dates or honoring ICE detainers). These sanctuary policies contravene federal mandates requiring information sharing, and risk violating federal anti-harboring laws. FAIR contends that there is no legally protected interest in perpetuating such unlawful conduct, and that equity bars the relief plaintiffs seek because such relief would preserve policies that frustrate federal law.

"Sanctuary policies undermine the rule of law and the federal government's constitutional authority to enforce our nation's immigration laws," said Dale L. Wilcox, executive director and general counsel of FAIR. "The Department of Homeland Security is entirely justified in withholding funds from jurisdictions that actively thwart federal efforts to secure our borders and protect public safety. These cities cannot expect taxpayer dollars to support policies that harbor illegal activity while claiming harm when those funds are rightfully cut off."

"The plaintiffs' sanctuary policies are not only unlawful but also a direct affront to the cooperative framework Congress established for immigration enforcement," said Mateo Forero, counsel of record for FAIR. "Our brief demonstrates that these jurisdictions lack standing to challenge DHS's funding decision because their injury is self-inflicted. The Supremacy Clause and several provisions in the INA make clear that local governments cannot obstruct federal officers or withhold critical information—yet that is precisely what these policies do."

The case is City of Chicago v. Department of Homeland Security, No. 1:25-cv-5463 (N.D. Ill.).

Contact: Ira Mehlman, imehlman@fairus.org, 213.700.0407

ABOUT FAIR

Founded in 1979, FAIR is the country's largest immigration reform group. With over 3 million members and supporters nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced.

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SOURCE Federation for American Immigration Reform (FAIR)