Case: City Of Chicago v. United States Department of Homeland Security

1:25-cv-05462 | U.S. District Court for the Northern District of Illinois

Filed Date: May 16, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the U.S. Department of Homeland Security’s (DHS) alleged unlawful withholding of congressionally appropriated anti-terrorism funds from major U.S. cities, undermining local efforts to maintain public safety and preparedness. On May 16, 2025, the City of Chicago filed this lawsuit in the U.S. District Court for the Northern District of Illinois against DHS and its Secretary. The plaintiffs challenged the freezing of funds under the Securing the Cities counterterrorism program,…

This case is about the U.S. Department of Homeland Security’s (DHS) alleged unlawful withholding of congressionally appropriated anti-terrorism funds from major U.S. cities, undermining local efforts to maintain public safety and preparedness. On May 16, 2025, the City of Chicago filed this lawsuit in the U.S. District Court for the Northern District of Illinois against DHS and its Secretary. The plaintiffs challenged the freezing of funds under the Securing the Cities counterterrorism program, which supported efforts to prevent nuclear and other terrorist attacks in high-risk urban areas. The plaintiffs claimed that since February 2025, the defendants had not processed Chicago’s reimbursement requests for pre-approved expenditures under the program. The plaintiffs alleged that the funding freeze exceeded the defendants’ statutory authority and violated both the Separation of Powers and the Administrative Procedure Act. Represented by public counsel from the City of Chicago Department of Law, the plaintiffs sought declaratory relief and injunctive relief to enjoin the defendants from freezing the funding and to require them to process all pending and future reimbursement requests in accordance with the law. The case was assigned to District Judge John Joseph Tharp Jr.

On June 17, 2025, the plaintiffs filed an amended complaint adding the cities of San Francisco, Seattle, Denver, and Boston as plaintiffs. The amended filing detailed each city’s reliance on the Securing the Cities program and the harms caused by DHS’s freeze on 2025 reimbursements and its failure to release approved 2024 funds. While the original complaint emphasized Administrative Procedure Act violations, the amended filing placed greater weight on the Appropriations Clause, arguing that DHS’s withholding of congressionally allocated funds was unlawful. It also highlighted the urgency of restoring funding before major events requiring heightened security, including political conventions and national holidays.

On November 3, 2025, the court granted plaintiffs’ unopposed motion for an extension of time and adopted a revised briefing schedule, setting deadlines for amended pleadings and cross-motions for summary judgment through February 17, 2026.

The case is ongoing. 

Summary Authors

Scott Shuchart (5/21/2025)

Victoria Tan (8/17/2025)

Michael Vandergriff (12/12/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70282724/parties/city-of-chicago-v-united-states-department-of-homeland-security/


Judge(s)
Attorney for Plaintiff

Anderson, Teresa Kay (Illinois)

Dinning, Samuel Bay (Illinois)

Eisenberg, Sara J (Illinois)

Harris, Nancy E. (Illinois)

Attorney for Defendant

Chicago, AUSA - (Illinois)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-05462

Complaint

May 16, 2025

May 16, 2025

Complaint
10

1:25-cv-05462

Amended Complaint

City of Chicago v. United States Department of Homeland Security and Kristi Noem

June 16, 2025

June 16, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70282724/city-of-chicago-v-united-states-department-of-homeland-security/

Last updated Jan. 8, 2026, 1:57 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by City Of Chicago; Filing fee $ 405, receipt number BILNDC-23495463.(Metcalf, Chelsey) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

Clearinghouse
2

CIVIL Cover Sheet (Metcalf, Chelsey) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

3

ATTORNEY Appearance for Plaintiff City Of Chicago by Chelsey Blaire Metcalf (Metcalf, Chelsey) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

4

ATTORNEY Appearance for Plaintiff City Of Chicago by Stephen J Kane (Kane, Stephen) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (cvk, )

May 16, 2025

May 16, 2025

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cvk, )

May 16, 2025

May 16, 2025

7

SUMMONS Issued (Court Participant) as to Kristi Noem, United States Department of Homeland Security (Attachments: # 1 Summons Issued)(mam, ) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

8

SUMMONS Returned Executed by City Of Chicago as to United States Department of Homeland Security on 6/6/2025, answer due 6/27/2025. (Metcalf, Chelsey) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

9

SUMMONS Returned Executed by City Of Chicago as to Kristi Noem on 6/6/2025, answer due 6/27/2025. (Metcalf, Chelsey) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

10

AMENDED complaint by City Of Chicago, City of Boston, City And County of Denver, City of Seattle, Washington, City and County of San Francisco against All Defendants (Metcalf, Chelsey) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

Clearinghouse
11

MOTION for Leave to Appear Pro Hac Vice on behalf of City of Seattle, Washington by Rebecca Shaw Widen; Filing fee $ 150, receipt number AILNDC-23633347. (Widen, Rebecca) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

12

MOTION for Leave to Appear Pro Hac Vice on behalf of City and County of San Francisco by Nancy E. Harris; Filing fee $ 150, receipt number AILNDC-23637135. (Harris, Nancy) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

13

MOTION for Leave to Appear Pro Hac Vice on behalf of City and County of San Francisco by Sara J Eisenberg; Filing fee $ 150, receipt number AILNDC-23637161. (Eisenberg, Sara) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

14

MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Rebecca Widen's motion for leave to appear pro hac vice 11 is granted. Counsel is directed to file an appearance on behalf of plaintiff City of Seattle. Mailed notice (air, ) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

15

MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Nancy Harris's and Sara Eisenberg's motions for leave to appear pro hac vice 12 13 are granted. Counsel are directed to file appearances on behalf of plaintiff City and County of San Francisco. Mailed notice (air, ) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

16

ATTORNEY Appearance for Plaintiff City and County of San Francisco by Nancy E. Harris (Harris, Nancy) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

17

ATTORNEY Appearance for Plaintiff City and County of San Francisco by Sara J Eisenberg (Eisenberg, Sara) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

18

ATTORNEY Appearance for Plaintiff City of Seattle, Washington by Rebecca Shaw Widen (Widen, Rebecca) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

19

MOTION for Leave to Appear Pro Hac Vice on behalf of City of Boston by Samuel Bay Dinning; Filing fee $ 150, receipt number AILNDC-23704939. (Dinning, Samuel) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

20

MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Samuel Dinning's motion for leave to appear pro hac vice 19 is granted. Counsel is directed to file an appearance on behalf of the City of Boston. Mailed notice (air, ) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

21

ATTORNEY Appearance for Plaintiff City of Boston by Samuel Bay Dinning (Dinning, Samuel) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

22

MOTION for Leave to Appear Pro Hac Vice on behalf of City of Boston by Teresa Kay Anderson; Filing fee $ 150, receipt number AILNDC-23767205. (Anderson, Teresa) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

23

MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Teresa K. Anderson's motion for leave to appear pro hac vice 22 is granted. Counsel is directed to file an appearance on behalf of the City of Boston. Mailed notice (air, ) (Entered: 07/21/2025)

July 21, 2025

July 21, 2025

24

ATTORNEY Appearance for Plaintiff City of Boston by Teresa Kay Anderson (Anderson, Teresa) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

25

MOTION for Leave to Appear Pro Hac Vice on behalf of City And County of Denver by Matthew Joseph Mulbarger; Filing fee $ 150, receipt number AILNDC-23928434. (Mulbarger, Matthew) (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

26

MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Matthew J. Mulbarger's motion for leave to appear pro hac vice 25 is granted. Counsel is directed to file an appearance on behalf of the City and County of Denver. Mailed notice (air, ) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

27

ATTORNEY Appearance for Plaintiff City And County of Denver by Matthew Joseph Mulbarger (Mulbarger, Matthew) (Entered: 08/26/2025)

Aug. 26, 2025

Aug. 26, 2025

28

MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge_display.php?LastName=Tharp+Jr.], and to submit an initial status report by 9/18/25. The report must include all information in the relevant template, including a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Status reports missing required information will be stricken. Mailed notice (air, ) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

29

DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Defendants Kristi Noem, United States Department of Homeland Security (Johnson, Patrick) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

30

STATUS Report Joint Initial Status Report by City And County of Denver, City Of Chicago, City and County of San Francisco, City of Boston, City of Seattle, Washington (Metcalf, Chelsey) (Entered: 09/18/2025)

Sept. 18, 2025

Sept. 18, 2025

31

MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the parties' joint status report 30, the parties' agreed case management procedure will apply. Plaintiffs waive requirement of an answer. Briefing on cross motions for summary judgment as follows: November 3, 2025 - Plaintiffs will file an amended complaint, if any, and motion for summary judgment. December 18, 2025 - Defendants will file their opposition to Plaintiffs' motion for summary judgment and cross-motion for summary judgment. January 8, 2026 - Plaintiffs will file a combined reply in support of their motion for summary judgment and opposition to Defendants' cross-motion for summary judgment. January 20, 2026 - Defendants will file their reply in support of their motion for summary judgment. Mailed notice (air, ) (Entered: 09/22/2025)

Sept. 22, 2025

Sept. 22, 2025

32

ORDER AMENDED GENERAL ORDER 25-0024: GENERAL ORDER HOLDING IN ABEYANCE: CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY: This matter is before the Court due to the lapse of congressional appropriations funding the federal government, including the Department of Justice and the United States Attorney's Office. Absent an appropriation, the United States represents that certain Department of Justice attorneys and employees of the federal government are prohibited from working, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property." 31 U.S.C. § 1342. Therefore, the lapse in appropriations requires a reduction in the workforce of the United States Attorney's Office and other federal agencies, particularly with respect to prosecution and defense of civil cases. The Court, in response, and with the intent to avoid any default or prejudice to the United States or other civil litigants occasioned by the lapse in funding, sua sponte enters this General Order. As a result of the cited workforce reductions, it is hereby ORDERED, effective October 1, 2025, that all civil litigation involving as a party the United States of America, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees), and/or any other party represented by the Department of Justice or the United States Attorney's Office is immediately suspended, postponed, and held in abeyance continuing until funding for federal government operations is fully restored. The Court may renew or modify this General Order depending on developments in the stay period. The Court intends "civil litigation" to include all pending non-criminal cases in which the United States, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees) is in any way a named party and any non-criminal cases in which the United States Attorney's Office or the Department of Justice is counsel of record. This includes, without limitation, all pending Social Security cases and all cases seeking monetary or equitable relief in which the United States is involved as a civil litigant. The General Order does not affect habeas corpus cases pending or filed under Chapter 153 of Title 28. This General Order suspends and continues, during the stay, any and all events and deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled proceedings, hearings, and/or discovery and pleading dates. No party will be required to take any steps in civil litigation affected until expiration of the stay. The Court warns litigants that this General Order does not purport to affect rights to, or deadlines concerning, appeal from any decision of this Court, which will continue to operate and issue orders in the normal course. Any litigant affected by this General Order may seek relief from the order by motion. The Court may, in any particular case, vary the effect or operation of this General Order by a separate order. The Court shall distribute this General Order: (a) by electronic service to all registered CM/ECF users; (b) by first-class mail to unregistered civil litigants, including pro se litigants, and to attorneys pending pro hac vice admission; and (c) by posting the General Order on the Court's public website. This General Order does not operate as a stay of any injunction or restraining order entered by any judge of this court. The Court shall clarify the status of case schedules upon expiration of the stay and dependent on the timing of the funding resolution. Signed by the Honorable Virginia M. Kendall on 10/2/2025: Mailed notice. (tg, ) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

RECAP
33

MOTION for Leave to Appear Pro Hac Vice on behalf of City and County of San Francisco by Yvonne R Mere; Filing fee $ 150, receipt number AILNDC-24239285. (Mere, Yvonne) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

34

MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Yvonne R Mere's motion for leave to appear pro hac vice 33 on behalf of the City and County of San Francisco is granted. Counsel is directed to file an appearance on behalf of the plaintiff. Mailed notice (air, ) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

35

ATTORNEY Appearance for Plaintiff City and County of San Francisco by Yvonne R Mere (Mere, Yvonne) (Entered: 10/27/2025)

Oct. 27, 2025

Oct. 27, 2025

36

MOTION by Plaintiffs City And County of Denver, City Of Chicago, City and County of San Francisco, City of Boston, City of Seattle, Washington for extension of time (Unopposed) (Metcalf, Chelsey) (Entered: 10/31/2025)

Oct. 31, 2025

Oct. 31, 2025

RECAP
37

MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff's unopposed motion for extension of time 36 is granted. The Court adopts the plaintiffs' revised briefing schedule, as follows. Plaintiffs' amended complaint and motion for summary judgment, if any, is due 12/1/2025. Defendants' opposition to plaintiffs' motion for summary judgment and cross motion for summary judgment are due 1/15/2026. Plaintiffs' reply in support of their motion for summary judgment and opposition to cross motions is due 2/5/2026. Defendants' reply in support of their cross motion for summary judgment is due 2/17/2026. Mailed notice (ags) (Entered: 11/03/2025)

Nov. 3, 2025

Nov. 3, 2025

38

Order

Nov. 15, 2025

Nov. 15, 2025

RECAP
40

Local Rule 3.2 Annual Reminder Order

Jan. 1, 2026

Jan. 1, 2026

Case Details

State / Territory:

Illinois

Case Type(s):

Presidential/Gubernatorial Authority

National Security

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 16, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Cities of Chicago, San Francisco, Seattle, Denver, and Boston

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Separation of Powers

Other Dockets:

Northern District of Illinois 1:25-cv-05462

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)