Case: State of Illinois v. Barr

1:19-cv-03461 | U.S. District Court for the Northern District of Illinois

Filed Date: May 23, 2019

Closed Date: April 8, 2021

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Case Summary

This is a case about the executive branch's authority to control state immigration policy. On May 23, 2019, the State of Illinois filed this lawsuit against the Attorney General (AG) of the United States in the United States District Court for the Northern District of Illinois. Illinois alleged that the AG had unlawfully withheld essential federal funding for Illinois law enforcement agencies and criminal justice initiatives. Specifically, the AG placed immigration-related requirements on the s…

Requiring certifications of compliance with federal statutes (8 U.S.C. §§ 1373 and 1644) that require the state to not prevent any government entities from exchanging information about people's immigration status with the Immigration and Naturalization Service;
Requiring the state to enact statutes or policies that, for the purpose of aiding federal immigration investigations, allow federal agents to access detention facilities and notify the federal government when people are released from detention facilities;
Prohibiting the state from publicly disclosing information about federal law enforcement in order to "conceal, harbor, or shield from detection" a fugitive from justice or undocumented person; and
Requiring the state to collect information from any proposed subrecipient of the funds about their policies for communicating with federal immigration enforcement.

Illinois sued under the Administrative Procedure Act, arguing that the AG's withholding of funds was unlawful. Specifically, the state argued that 1) Illinois law met the requirements of 8 U.S.C. §§ 1373 and 1644; 2) 8 U.S.C. §§ 1373 and 1644 are unconstitutional because they violate the Tenth Amendment's anti-commandeering doctrine; 3) imposing these conditions on funding violated the Byrne JAG statute, as well a federal statute limiting the conditions that the executive branch can place on law enforcement grants (34 U.S.C. § 10228(a)); 4) the conditions exceeded the executive branch's authority, in violation of the Spending Clause; 5) the conditions exceeded Congress's authority under the Spending Clause; and 6) the conditions violated the Tenth Amendment's anti-commandeering doctrine. Illinois sought a declaratory judgment, an injunction, a writ of mandamus, and costs. The case was assigned to Judge Marvin E. Aspen, then reassigned to Judge Harry D. Leinenweber in June 2019.

The AG moved to dismiss for lack of jurisdiction and failure to state a claim in July 2019. Judge Leinenweber stayed the motion pending a status hearing on October 1, during which the parties stated they had agreed in principle to a stipulated judgement given the court's recent rulings in Evanston v. Barr and Chicago v. Barr. In both cases, Judge Leinenweber had held that the AG's conditions on the Byrne JAG program exceeded the executive branch's statutory authority, and that §§ 1373 and 1644 violate the anti-commandeering doctrine because they give the federal government too much control over state governments.

On October 23, 2019, the court entered a final judgment for the plaintiff. Pursuant to the judgments in Evanston v. Barr and Chicago v. Barr, the Court also entered a permanent injunction preventing the federal government from enforcing the challenged conditions on Byrne JAG grants in Illinois.

On December 20, 2019, the AG appealed the final judgment to the 7th Circuit Court of Appeals (Docket # 20-1070). However, after President Biden took office and appointed a new Attorney General, the federal government voluntarily dismissed the appeal on April 8, 2021. This case is now closed

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Summary Authors

Isobel Blakeway-Phillips (2/21/2025)

City of Chicago v. Sessions III, Northern District of Illinois (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15667096/parties/state-of-illinois-v-barr/

Judge(s)

Leinenweber, Harry Daniel (Illinois)

Attorney for Plaintiff

Kinkead, Darren Bernens (Illinois)

Attorney for Defendant

Bernie, Andrew Marshall (Illinois)

Chicago, AUSA - (Illinois)

Mauler, Daniel Duane (Illinois)

Judge(s)

Leinenweber, Harry Daniel (Illinois)

Attorney for Plaintiff

Kinkead, Darren Bernens (Illinois)

Vandam, Jeffrey J (Illinois)

Attorney for Defendant

Bernie, Andrew Marshall (Illinois)

Chicago, AUSA - (Illinois)

Mauler, Daniel Duane (Illinois)

Roberts, Charles E.T. (Illinois)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:19-cv-03461	Complaint	May 23, 2019	May 23, 2019 Complaint
27 1:19-cv-03461	Final Judgment and Order	Oct. 23, 2019	Oct. 23, 2019 Order/Opinion
33 1:19-cv-03461	Appeal Order U.S. Court of Appeals for the Seventh Circuit	April 8, 2021	April 8, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/15667096/state-of-illinois-v-barr/

Last updated April 11, 2025, 8:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by State Of Illinois; Filing fee $ 400, receipt number 0752-15857374.(Vandam, Jeffrey) (Entered: 05/23/2019)	May 23, 2019	May 23, 2019 Clearinghouse
2	CIVIL Cover Sheet (Vandam, Jeffrey) (Entered: 05/23/2019)	May 23, 2019	May 23, 2019 PACER
3	ATTORNEY Appearance for Plaintiff State Of Illinois by Jeffrey J Vandam (Vandam, Jeffrey) (Entered: 05/23/2019)	May 23, 2019	May 23, 2019 PACER
4	NOTICE of Claims of Unconstitutionality by State Of Illinois (Vandam, Jeffrey) (Entered: 05/23/2019)	May 23, 2019	May 23, 2019 PACER
	CASE ASSIGNED to the Honorable Marvin E. Aspen. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (lma, )	May 23, 2019	May 23, 2019 PACER
5	ATTORNEY Appearance for Plaintiff State Of Illinois by Darren Bernens Kinkead (Kinkead, Darren) (Entered: 05/23/2019)	May 23, 2019	May 23, 2019 PACER
	SUMMONS Issued as to William P. Barr(mc, )	May 24, 2019	May 24, 2019 PACER
6	SUMMONS Returned Executed by State Of Illinois as to William P. Barr on 5/24/2019, answer due 6/14/2019. (Kinkead, Darren) Modified on 5/28/2019 (ek, ). (Entered: 05/24/2019)	May 24, 2019	May 24, 2019 PACER
7	MINUTE entry before the Honorable Marvin E. Aspen: Initial status hearing is set for 6/27/2019 at 10:30 a.m. Mailed notice (ags, ) (Entered: 05/28/2019)	May 28, 2019	May 28, 2019 PACER
8	EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Harry D. Leinenweber for all further proceedings. Honorable Marvin E. Aspen no longer assigned to the case. Signed by Executive Committee on 6/4/2019.(las, ) (Entered: 06/05/2019)	June 4, 2019	June 4, 2019 PACER
9	MINUTE entry before the Honorable Marvin E. Aspen: The status hearing set for 6/27/2019 is stricken. Mailed notice (ags, ) (Entered: 06/05/2019)	June 5, 2019	June 5, 2019 PACER
10	MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing set for 8/22/2019 at 9:00 AM. Mailed notice(maf) (Entered: 06/10/2019)	June 10, 2019	June 10, 2019 PACER
11	MOTION by Defendant William P. Barr for extension of time to respond to Complaint. (Mauler, Daniel) (Entered: 07/23/2019)	July 23, 2019	July 23, 2019 PACER
12	ATTORNEY Appearance for Defendant William P. Barr by Daniel Duane Mauler (Mauler, Daniel) (Entered: 07/23/2019)	July 23, 2019	July 23, 2019 PACER
13	MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion for extension of time to 7/30/19 to answer or otherwise plead 11 is granted. Mailed notice(maf) (Entered: 07/23/2019)	July 23, 2019	July 23, 2019 PACER
14	ATTORNEY Appearance for Defendant William P. Barr by Andrew Marshall Bernie (Bernie, Andrew) (Entered: 07/29/2019)	July 29, 2019	July 29, 2019 PACER
15	MOTION by Defendant William P. Barr for leave to file excess pages (Bernie, Andrew) (Entered: 07/29/2019)	July 29, 2019	July 29, 2019 PACER
16	MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion for leave to file excess pages 15 is granted. Mailed notice(maf) (Entered: 07/30/2019)	July 30, 2019	July 30, 2019 PACER
17	MOTION by Defendant William P. Barr to dismiss for lack of jurisdiction and for failure to state a claim (Bernie, Andrew) (Entered: 07/30/2019)	July 30, 2019	July 30, 2019 PACER
18	MEMORANDUM by William P. Barr in support of motion to dismiss/lack of jurisdiction 17 and for failure to state a claim (Attachments: # 1 Defendant's Request for Judicial Notice)(Bernie, Andrew) (Entered: 07/30/2019)	July 30, 2019	July 30, 2019 PACER
19	NOTICE of Motion by Andrew Marshall Bernie for presentment of motion to dismiss/lack of jurisdiction 17 before Honorable Harry D. Leinenweber on 8/8/2019 at 09:30 AM. (Bernie, Andrew) (Entered: 07/30/2019)	July 30, 2019	July 30, 2019 PACER
20	MOTION by Plaintiff State Of Illinois to stay \| Plaintiff's Unopposed Motion to Stay Briefing on Motion to Dismiss (Vandam, Jeffrey) (Entered: 08/05/2019)	Aug. 5, 2019	Aug. 5, 2019 Clearinghouse
21	MINUTE entry before the Honorable Harry D. Leinenweber: Plaintiffs' unopposed motion to stay briefing 20 is granted. The Court will not set a briefing schedule on Defendant's motion to dismiss 17 until the parties appear for the status hearing on 8/22/19 at 9:00 a.m. Accordingly, presentment of the motion to dismiss on 8/8/19 is stricken as moot. Mailed notice(maf) (Entered: 08/05/2019)	Aug. 5, 2019	Aug. 5, 2019 PACER
22	MOTION by Plaintiff State Of Illinois for extension of time to file response/reply as to motion to dismiss/lack of jurisdiction 17 (Kinkead, Darren) (Entered: 08/20/2019)	Aug. 20, 2019	Aug. 20, 2019 PACER
23	MINUTE entry before the Honorable Harry D. Leinenweber: Joint motion to stay the briefing on the motion to dismiss 22 is granted. Status hearing set for 8/22/19 is vacated. The Court will set a future status at a later date. Mailed notice(maf) (Entered: 08/20/2019)	Aug. 20, 2019	Aug. 20, 2019 PACER
24	MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing set for 10/1/2019 at 9:00 AM.Mailed notice(maf, ) (Entered: 09/19/2019)	Sept. 19, 2019	Sept. 19, 2019 PACER
25	MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing held. Parties advised the Court that they have agreed in principle to a stipulated judgment, given the Court's recent rulings in Evanston v. Barr, No. 18-cv-4853, and Chicago v. Barr, No. 18-cv-6859. Parties shall submit such stipulation and proposed order on or before 10/15/19. Mailed notice(maf) (Entered: 10/01/2019)	Oct. 1, 2019	Oct. 1, 2019 PACER
26	STIPULATION and Proposed Order (Attachments: # 1 Text of Proposed Order)(Vandam, Jeffrey) (Entered: 10/15/2019)	Oct. 15, 2019	Oct. 15, 2019 PACER
27	Enter final judgment order. See detailed order within. Signed by the Honorable Harry D. Leinenweber on 10/23/19: Mailed notice(maf) (Entered: 10/23/2019)	Oct. 23, 2019	Oct. 23, 2019 Clearinghouse
28	MINUTE entry before the Honorable Harry D. Leinenweber: The Court denies Defendant's motion to dismiss 17 as moot, given the Stipulation that the parties filed. Mailed notice(maf) (Entered: 10/23/2019)	Oct. 23, 2019	Oct. 23, 2019 PACER
	***Civil Case Terminated. (maf, )	Oct. 23, 2019	Oct. 23, 2019 PACER
29	NOTICE of appeal by William P. Barr regarding orders 27 Receipt number: y (Mauler, Daniel) (Entered: 12/20/2019)	Dec. 20, 2019	Dec. 20, 2019 PACER
30	NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 29 (gcy, ) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020 PACER
31	TRANSMITTED to the 7th Circuit the short record on notice of appeal 29 . Notified counsel (gcy, ) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020 Clearinghouse
32	ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 29 ; USCA Case No. 20-1070. (gcy, ) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020 Clearinghouse
33	CERTIFIED copy of order dated 4/8/2021 from the 7th Circuit regarding notice of appeal 29 ; Appellate case no. : 18-3509 and 20-1070; Upon consideration of the UNOPPOSED MOTION TO VOLUNTARILY DISMISS APPEALS, filed on March 30, 2021, by counsel for the appellants, IT IS ORDERED that these cases are DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (bg, ) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 RECAP
34	MANDATE of USCA dated 4/8/2021 regarding notice of appeal 29 ; USCA No.18-3509 and 20-1070 ; No record to be returned. (bg, ) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 RECAP
35	WITHDRAWING Daniel D. Mauler and Andrew M. Bernie as counsel for Defendant William P. Barr and substituting Charles E.T. Roberts as counsel of record (Roberts, Charles) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER