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Priority Enforcement Program

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The Priority Enforcement Program ( PEP , sometimes also called PEP-COMM , PEP-Comm , or Pep-Comm ) is a program by U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement in the interior of the United States, under the U.S. Department of Homeland Security (DHS). PEP was an ICE program that worked with state and local law enforcement to identify illegal aliens (people who are not United States citizens or permanent residents) who come in contact with state or local law enforcement, and remove those who are removable (either because their presence is unauthorized, or because they committed an aggravated felony ). PEP was announced by DHS Secretary Jeh Johnson in a November 20, 2014 memo as a replacement for Secure Communities (S-COMM). It builds on an updated list of immigration enforcement priorities released in another memo by Johnson issued on the same day.

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112-580: The official rollout of the program started on July 2, 2015. The enforcement priorities referenced in PEP were also relevant to other work by ICE as well as by U.S. Customs and Border Protection (CBP) related to immigration enforcement, apprehension, detention, and removal. However, PEP does not encompass these; PEP refers only to the ICE program that works with state and local law enforcement to identify and remove aliens who come in contact with local law enforcement. After

224-495: A Freedom of Information Act request to learn more about the program. The National Immigration Law Center was also critical of PEP, citing both constitutional concerns and its effect of causing the separation of families. Angela Chan, policy director of the Asian Law Caucus , said that there were alarming similarities between S-COMM and PEP, and also said that Obama's slogan of "felons, not families" should be considered in

336-809: A National Historic Corridor. The two canals and the Great Lakes cemented trade ties between the Midwest and the Northeast, encouraging farmers to grow more than they needed to feed themselves in Illinois, with a large market for grain now open to them. Towns in Cook County along the Canal grew. From a national perspective, the trade ties made the South region of the US less important to the Northeast as

448-513: A Presidential election three times, all during national Republican landslides– Dwight Eisenhower over native son Adlai Stevenson II in 1952 and 1956, and Richard Nixon over George McGovern in 1972. Since then, the closest a Republican has come to carrying the county was in 1984, when Ronald Reagan won 48.4 percent of the county's vote. In 2020, 74 percent of the county voted for Joe Biden and 24 percent voted for Donald Trump . In 1936, with Franklin D. Roosevelt receiving 1,253,164 votes in

560-701: A campaign where he promised stricter immigration enforcement policies. On January 25, Trump issued Executive Order 13768 titled Enhancing Public Safety in the Interior of the United States . Among other things, the Executive Order revived the Secure Communities program. In a Q&A published on February 21, 2017, the United States Department of Homeland Security clarified that it was discontinuing

672-595: A civil action challenging the executive order on the grounds that it violates the Tenth Amendment of the United States Constitution with regard to State Sovereignty . San Francisco sued the Trump administration over the executive order requiring the federal government to withhold money from so-called sanctuary cities that protect criminal aliens from federal prosecution. The lawsuit filed in U.S. District Court in

784-540: A crime, or believed could have been charged with a crime, priorities for deportation. The order expands to even those convicted of minor crimes, such as traffic offenses. This marks a change from the Obama administration, which placed the highest priority for deportation on aliens who had been convicted of serious crimes. Section 9(a) deals with disqualification of sanctuary cities from receiving U.S. federal grants. Section 9(a) states: It has been successfully challenged in

896-403: A false Social Security number. Section 5 of the order prioritizes removal of aliens who "have been convicted of any criminal offense; have been charged with any criminal offense, where such charge has not been resolved; have committed acts that constitute a chargeable criminal offense; have engaged in fraud or willful misrepresentation in connection with any official matter or application before

1008-482: A governmental agency; have abused any program related to receipt of public benefits; are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or in the judgment of an immigration officer, otherwise pose a risk to public safety or national security." This provision of the executive order greatly expands the category of people classified as "priorities for removal," making all aliens who have been charged with

1120-459: A little over six hundred residents to four million, rivaling Paris by the Great Depression . During the first half of the 20th century it had the absolute majority of Illinois's population. There are more than 800 local governmental units and nearly 130 municipalities located wholly or partially within Cook County, the largest of which is Chicago. The city is home to approximately 54 percent of

1232-786: A memo on prosecutorial discretion that would subsequently be widely referred to as the "Morton memo", "2011 Morton memo", and "prosecutorial discretion memo." A second memo pertaining to prosecutorial discretion for witnesses and victims of crime was also issued on the same day. The Morton memos built on earlier guidelines on the exercise of prosecutorial discretion, but went further by providing more explicit enforcement priorities, and explicitly telling ICE agents not to pursue some classes of removable aliens in order to focus on other ones. The memos were complemented by executive action by President Barack Obama in June 2012 on Deferred Action for Childhood Arrivals (DACA), which allowed people who had arrived in

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1344-487: A minor traffic violation. Secure Communities, often written as S-COMM, was an effort pioneered in 2008 under George W. Bush and launched in 2009 under Barack Obama . The effort involved seeking cooperation from state and local law enforcement authorities in the enforcement of federal immigration laws. Two key ways that cooperation was sought were: The detainers in particular were the subject of criticism as well as legal challenge. Some courts ruled that holding people using

1456-501: A number of announcements were made by the administration of then United States president Barack Obama surrounding changes to immigration enforcement. The most famous of these announcements was Deferred Action for Parents of Americans (DAPA). Like DACA, the goal of DAPA was to create an affirmative program (under USCIS) that some removable aliens could apply to in order to have their removal deferred. While Obama's main announcements were focused on affirmative programs (and therefore under

1568-593: A press conference hosted by the Texas Sheriffs Association, Jessica Vaughan of the Center for Immigration Studies (a think tank that advocates low immigration levels), said that "PEP will result in the release of even more criminal aliens back to the streets, with local communities — and especially law enforcement agencies — left to deal with the consequences." She said that ICE arrests in Texas were already down 28% from

1680-479: A record of corruption. The most successful Republican candidate for mayor since then was Bernard Epton , who in 1983 came within 3.3 percentage points of defeating Democrat Harold Washington . The county's Republican Party organization is the Cook County Republican Party . The last Republican governor to carry the county was Jim Edgar in his 1994 landslide . The last Republican senator to do so

1792-447: A sewer, sending waste water through treatment plants and sending it away from Lake Michigan. It is also a waterway for movement of ships. The next major technology for transportation was railroads. Chicago and the towns along the canal and rivers understood the value of being a hub of a major network. Rail lines spurred out from Chicago by the 1850s, with major growth in the rail network for freight and passenger transportation coming after

1904-581: A trade partner. The Chicago Sanitary and Ship Canal , completed in 1900, largely replaced the functions of the Illinois and Michigan Canal. This canal resulted in the reversal of the direction of flow of the main stem and the South branch of the Chicago River; they used to empty into Lake Michigan and now those river sections flow toward the Des Plaines River . The Sanitary and Ship Canal was built to serve many aims, including ending using Lake Michigan as

2016-458: A vote. In 2004, Blue Island mayor Donald E. Peloquin organized a coalition of fifty-five south and southwest suburban municipalities to form a new county, also proposing the name Lincoln County . The county would include everything south of Burbank , stretching as far west as Orland Park , as far east as Calumet City , and as far south as Matteson , covering an expansive area with a population of over one million residents. Peloquin argued that

2128-470: Is Chicago , the most populous city in Illinois and the third most populous city in the United States. The county is at the center of the Chicago metropolitan area . Cook County was incorporated in 1831 and named for Daniel Pope Cook , an early Illinois statesman. It achieved its present boundaries in 1839. Within a century, the county recorded explosive population growth, going from a trading post village with

2240-570: Is "dictating its views" to the rest of the state and Brown added that Chicago "overshadows" the rest of Illinois. Construction of the Erie Canal in New York State made a connection from the Atlantic Ocean to the Great Lakes in 1821. As the Midwest farms proved productive, with much grain to sell to other parts of the US, Chicago and Cook County saw the benefit of a canal to improve the link from

2352-525: Is invalid as applied to state and local Sanctuary City laws, (4) Enjoin Defendants from enforcing Section 1373(a) against jurisdictions that enact Sanctuary City laws for legitimate local purposes; (5) Declare that San Francisco complies with Section 8 U.S.C.   § 1373 ; (6) Enjoin Defendants from designating San Francisco as a jurisdiction that fails to comply with Section 8 U.S.C.   § 1373 ; (7) Enjoin unconstitutional applications of

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2464-1135: Is land and 690 square miles (1,800 km ) (42.2%) is water. It is the sixth largest county in Illinois by land area, and the largest in total area. Most of the water is in Lake Michigan . The highest point is more than 950 feet (290 m), and is in northwest Barrington Township, in the northwest corner of the county. The lowest point is less than 580 feet (180 m), along the Lake Michigan shoreline. In July, temperatures in Chicago, Cook County average daytime highs of 84 °F (29 °C), and nighttime lows of 68 °F (20 °C); and January daytime highs of 31 °F (−1 °C), and nighttime lows of 18 °F (−8 °C). Winter temperatures will sometimes veer above 40 °F (4 °C), and, although not common, have also risen over 50 °F (10 °C) on some winter days. Average monthly precipitation ranged from 4.30 inches (109 mm) in June to 1.77 inches (45 mm) in February. The government of Cook County

2576-450: Is more limited in focus. In particular, it does not seek to take custody of individuals charged only with civil immigration offenses, or those charged, but not convicted, of criminal offenses. Rather, it is focused on priority subcategories 1(a), 1(c), 1(d), 1(e), 2(a), and 2(b) in the November 2014 immigration enforcement priority list. With the exception of 1(a) (national security threat), all

2688-704: Is of Hispanic descent. Asian Americans are a very sizeable racial group in the county, numbering about 301,000. The Asian population is ethnically diverse, and includes roughly 87,900 Indians , 61,700 Filipinos , 60,700 Chinese , 35,000 Koreans , 13,700 Vietnamese , and 11,100 Japanese . Roughly 30,800 are of other Asian ethnic groups, such as Thai , Cambodian , and Hmong . Approximately 3,000 residents are of Pacific Islander heritage. This group includes roughly Native Hawaiians , Guamanians, Samoans , and various people of other Pacific Islander groups. Hispanic and Latino Americans make up over one-fifth (22.8%) of Cook County's population. Roughly 1,204,000 Latinos live in

2800-624: Is one of the first to be deported after the EO was signed and that her case reflects the severity of the crackdown on illegal immigration. ICE officials said that proceedings in Immigration Court had resulted in a finding that she did not have a legal basis to remain in the US. In 2008, she was working at an amusement park in Mesa, Arizona when then-Sheriff Joe Arpaio ordered a raid that resulted in her arrest and felony identity theft conviction for possessing

2912-711: Is overseen by the Cook County Board of Commissioners , with its president as chief executive, and Cook County Treasurer . Countywide state government offices include the Circuit Court of Cook County , the Cook County State's Attorney , the Cook County Sheriff , and the Cook County Assessor . Geographically, the county is the sixth-largest in Illinois by land area and the largest by total area. It shares

3024-604: Is primarily composed of the Board of Commissioners headed by the President of the County Board, other elected officials such as the Sheriff , State's Attorney , Treasurer, Board of Review, Clerk, Assessor, Recorder, Circuit Court judges, and Circuit Court Clerk, as well as numerous other officers and entities. Cook County is the only home rule county in Illinois. The Cook County Code is

3136-492: Is the largest single-site jail in the nation. The Cook County Juvenile Detention Center , under the authority of the Chief Judge of the court, is the first juvenile center in the nation and one of the largest in the nation. The Cook County Law Library is the second-largest county law library in the nation. The Bureau of Health Services administers the county's public health services and is the third-largest public health system in

3248-450: Is unconstitutional, and (3) 10th Amendment – Executive Order Section 9(A) enforcement directive is unconstitutional. The suit seeks a Declaratory Judgment and Injunctive Relief holding that, (1) 8 U.S.C.   § 1373 (a) is unconstitutional and invalid on its face; (2) Enjoin Defendants from enforcing Section 1373(a) or using it as a condition for receiving federal funds; (3) Declare that Section 8 U.S.C.   § 1373 (a)

3360-627: The Chicago Portage , beginning with the construction of the Illinois and Michigan Canal in 1848. This helped make the region a central transit hub for the nation. Chicago, with its location on the Great Lakes and via the St. Lawrence Seaway , is a global port city, giving Cook County an international shipping port. Cook County's population is larger than that of 28 U.S. states and territories , and larger than

3472-539: The Los Angeles County Sheriff Department, that had withdrawn from the 287(g) program and was generally averse to local law enforcement cooperating with ICE, is participating in PEP. In May 2015, the Board ruled to look into participating in PEP. In September 2015, an official decision to participate in PEP was reached. In January 2017, Donald Trump took office as President of the United States, after

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3584-708: The Tenth Amendment to the United States Constitution . This amendment was the basis for the U.S. Supreme Court's decision in Printz v. United States (1997), in which the Court, in an opinion by Justice Antonin Scalia , struck down a law, held that the U.S. government cannot engage in "federal commandeering of state governments ." While an emphasis on the Tenth Amendment has historically been championed by conservative jurists,

3696-480: The U.S. Attorney General or Secretary of Homeland Security . Legal challenges to the order were brought almost immediately after its issuance by San Francisco (supported by the State of California ) and a number of other cities and counties. In late April 2017, a federal court issued a nationwide preliminary injunction halting enforcement of the executive order, determining that the localities were likely to succeed on

3808-624: The United States District Court for the Northern District of California , finding that Executive Order 13768 is unconstitutional on the grounds it violates the Fifth and Tenth Amendments to the United States Constitution , as well as the doctrine on the separation of powers , in line with claims made by the petitioners. On January 31, 2017 the City and County of San Francisco filed

3920-467: The codification of Cook County's local ordinances . Cook County's current County Board president is Toni Preckwinkle . The Circuit Court of Cook County , which is an Illinois state court of general jurisdiction is funded, in part, by Cook County, and accepts more than 1.2 million cases each year for filing. The Cook County Department of Corrections , also known as the Cook County Jail ,

4032-494: The separation of powers doctrine and depriving them of their Tenth and Fifth Amendment rights. Accordingly, the Counties' motions for summary judgment are GRANTED regarding Section 9(a). The defendants are permanently enjoined from enforcing Section 9(a) of the Executive Order against jursisdictions they deem as sanctuary jurisdictions. Because Section 9(a) is unconstitutional on its face, and not simply in its application to

4144-657: The Brooklyn District Attorney Eric Gonzalez filed suit in September 2019 against ICE in the United States District Court for the Southern District of New York related to its execution of the EO. The plaintiffs challenged ICE's on two counts: that civil arrests made at a courthouse violated a common law practice embedded in the Immigration and Nationality Act of 1952 (INA), and that the arrest policy

4256-550: The County Department of Transportation was instrumental in designing many of the expressways in the county, today they are under the jurisdiction of the state. The Cook County Forest Preserves , organized in 1915, is a separate, independent taxing body, but the Cook County Board of Commissioners also acts as its Board of Commissioners. The district is a belt of 69,000 acres (280 km ) of forest reservations surrounding

4368-542: The Enforcement Directive in Executive Order Section 9(a). Unlike other suits brought in United States district courts across the United States challenging Executive Order 13769 , this suit is the first one to challenge Executive Order 13768 on the basis of the Tenth Amendment to the United States Constitution . On February 3, 2017, Santa Clara County, California filed a separate lawsuit challenging

4480-598: The Federal Bureau of Investigation (FBI), and thus became known as IDENT-IAFIS Interoperability, referring to the databases used by United States immigration authorities and federal law enforcement agencies, respectively. Under PEP, IDENT-IAFIS Interoperability remained unchanged from Secure Communities. Also unchanged was the rollout to state and local law enforcement entities, wherein fingerprints or other biometrics collected by state agencies would automatically be checked against IDENT and IAFIS biometric databases, even over

4592-664: The Great Lakes to the Mississippi River. The Illinois and Michigan Canal was completed in 1848, extending from the Bridgeport neighborhood in Chicago on the Chicago River, to the Illinois River at the cities of LaSalle-Peru. This canal spurred the growth of Chicago and the areas around it, as water travel was the primary way to ship grain or other commodities in that part of the 19th century. The Illinois and Michigan Canal ceased major operation in 1933. Portions are now designated as

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4704-507: The ICE had begun the process of implementing the program as far back as November 2014. As of August 2015, a month after the rollout began, many law enforcement agencies that had previously withdrawn from S-COMM were in talks with ICE and undecided about PEP. Philadelphia Mayor Michael E. Nutter , who had previously scaled back cooperation with DHS in April 2014, praised DHS Secretary Jeh Johnson for taking concerns into account when designing PEP, but

4816-553: The Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual". Legal scholar Ilya Somin , writing in the Washington Post ' s The Volokh Conspiracy , wrote: There are two serious constitutional problems with conditioning federal grants to sanctuary cities on compliance with Section 1373. First, longstanding Supreme Court precedent mandates that

4928-467: The Northern District of California alleges that Trump's order violates the Tenth Amendment, which states that powers not explicitly given to the federal government by the Constitution are reserved for the states. The civil suit alleges three causes of action (1) Declaratory Relief – San Francisco complies with 8 U.S.C.   § 1373 , (2) 10th Amendment – 8 U.S.C.   § 1373 (a)

5040-421: The PEP and reinstating Secure Communities due to the executive order. In the wake of the killing of Kathryn Steinle by an illegal immigrant, police chiefs and sheriffs from jurisdictions throughout the United States signed a letter to Chuck Grassley and Patrick Leahy arguing that PEP was a good way forward for local law enforcement and DHS to cooperate without overburdening local law enforcement, and that there

5152-456: The Section 9(A) of the executive order (the "enforcement directive") is unconstitutionally coercive under the Tenth Amendment; (4) the executive order is facially unconstitutional under the Tenth Amendment; (5) the executive order is unconstitutional under the Tenth Amendment as applied to plaintiff cities, (6) 8 U.S.C.   § 1373 (a) is unconstitutional under the Tenth Amendment; (7)

5264-506: The United States as young children to defer their removal and made it possible for them to apply for employment authorization documents. Note that whereas the Morton memos were addressed to ICE asking it not to prosecute some classes of removable aliens, the June 2012 executive action involved creating an affirmative program, managed by United States Citizenship and Immigration Services (USCIS), to which some aliens could apply. In November 2014,

5376-551: The added costs borne by law enforcement agencies. PEP replaced the I-247 detainers with three new forms: Below are some key differences between the old and new detainer policies: Another component of PEP is the biometric database. Secure Communities was designed to enhance interoperability of state and federal biometric databases by automating a check against ICE and U.S. Citizenship and Immigration Services ( USCIS ) records when state identification bureaus (SIB) submitted fingerprints to

5488-546: The bill reinstated the Secure Communities program and increased its funding. However, the bill was blocked in the Senate. On June 12, 2015, ICE released details on the new forms (I-247N, I-247D, and I-247X) as well as a brochure providing more information on PEP. The information is available on the page about PEP on ICE's website. The official rollout of the Priority Enforcement Program began on July 2, 2015, although

5600-631: The city of Chicago. The Brookfield Zoo (managed by the Chicago Zoological Society) and the Chicago Botanic Garden (managed by the Chicago Horticultural Society) are located in the forest preserves. Cook County is the fifth-largest employer in Chicago. In March 2008, the County Board increased the sales tax by one percent to 1.75 percent. This followed a quarter-cent increase in mass transit taxes. In Chicago,

5712-415: The context of many communities being overpoliced and overcriminalized. The Immigration Policy Center has taken a more cautious approach, noting that PEP is an improvement over S-COMM in principle, but awaiting further details on the implementation. Groups interested in limiting immigration and combating illegal immigration see PEP as a step backward from S-COMM, and have been critical of it. In remarks at

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5824-557: The country legally. On February 8, 2017, Immigration and Customs Enforcement (ICE) agents arrested 36-year-old Guadalupe García de Rayos, when she attended her required annual review at the ICE office in Phoenix, and deported her to Mexico the next day based on a removal order issued in 2013 by the Executive Office for Immigration Review . The arrest prompted protests from her family and others Immigrant advocates believe that she

5936-413: The county was $ 45,922, and the median income for a family was $ 53,784. Males had a median income of $ 40,690 versus $ 31,298 for females. The per capita income for the county was $ 23,227. About 10.6% of families and 13.5% of the population were below the poverty line, including 18.9% of those under age 18 and 10.3% of those age 65 or over. As of the fourth quarter of 2021, the median home value in Cook County

6048-887: The county was 56.27% white, 26.14% Black or African American, 0.29% Native American, 4.84% Asian , 0.05% Pacific Islanders, 9.88% from other races, and 2.53% from two or more races. 19.93% of the population were Hispanic or Latino of any race. 9.1% were of Polish, 8.1% German, 7.9% Irish and 5.7% Italian ancestry. 17.63% reported speaking Spanish at home; 3.13% speak Polish . Whites (Hispanic and non-Hispanic) number roughly 2,793,500. There are about 2,372,500 non-Hispanic whites residing in Cook County. Sizeable non-Hispanic white populations are those of German (11.4%), Irish (10.3%), Polish (9.7%), Italian (6.1%), and British (4.1%) descent. There are also significant groups of Swedish (1.5%), Russian (1.5%), French (1.3%), Greek (1.2%), Czech (1.0%), Dutch (1.0%), Lithuanian (0.9%), and Norwegian (0.8%) descent. Black Americans are

6160-420: The county's population. Hispanics and Latinos (of any race) made up 24.0% of Cook County's population. As of the 2000 Census , there were 5,376,741 people, 1,974,181 households, and 1,269,398 families residing in the county. The population density was 5,686 inhabitants per square mile (2,195/km ). There were 2,096,121 housing units at an average density of 2,216 per square mile (856/km ). The racial makeup of

6272-502: The county, Cook County became the first county in American history where a candidate received one million votes. The Cook County Democratic Party represents Democratic voters in 50 wards in the city of Chicago and 30 suburban townships of Cook County. The organization has dominated County, city , and state politics since the 1930s. The last Republican mayor of Chicago was William Hale "Big Bill" Thompson , who left office in 1931 with

6384-445: The county. Mexicans are the most common Latino group. Cook County's 925,000 Mexican Americans make up 17.5% of its population. Roughly 127,000 Puerto Ricans live in the county, while over 12,200 Cubans reside in the county. There are some 140,000 Hispanics and Latinos of other nationalities living in Cook County (i.e. Colombian , Bolivian , etc.), and they collectively make up 2.6% of the county's population. In 2010 statistics,

6496-476: The detainers (under some circumstances) was unconstitutional. For instance: Other cases that would later be cited as reasons for discontinuing S-COMM include Morales v. Chadbourne , Moreno v. Napolitano , Gonzalez v. ICE , Villars v. Kubiatoski , and Uroza v. Salt Lake City . Another direction of criticism was that cooperating with the detainers imposed significant additional expenditures on state and local authorities, for which ICE did not reimburse them. This

6608-461: The earliest and youngest statesmen in Illinois history. He served as the second U.S. representative from Illinois and the state's first attorney general . In 1839, DuPage County was carved out of Cook County. The shape of Cook County and the neighboring counties has remained the same since DuPage County was formed. The population in each county and the split of agriculture compared to residential and industrial activity has changed dramatically over

6720-432: The entire county's population. The part of the county outside of the Chicago and Evanston city limits is divided into 29 townships ; these often divide or share governmental services with local municipalities. Townships within Chicago were abolished in 1902 but are retained for real estate assessment purposes. Evanston Township was formerly coterminous with the City of Evanston but was abolished in 2014. County government

6832-603: The executive order violates the separation of powers recognized by the United States Constitution , and (8) the executive order as unconstitutionally vague in violation of the Due Process Clause of the Fifth Amendment . While the EO had been ruled unconstitutional in 2017, ICE established the practice of arresting immigrants while they were at courthouses via the 2018 directive, "Directive Number 11072.1, Civil Immigration Enforcement Actions Inside Courthouses", based on

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6944-411: The executive order, California passed California Sanctuary Law SB54 . Cook County Cook County is the most populous county in the U.S. state of Illinois and the second-most-populous county in the United States, after Los Angeles County, California . More than 40 percent of all residents of Illinois live within Cook County. As of 2020, the population was 5,275,541. The county seat

7056-654: The federal government may not impose conditions on grants to states and localities unless the conditions are "unambiguously" stated in the text of the law "so that the States can knowingly decide whether or not to accept those funds." Few if any federal grants to sanctuary cities are explicitly conditioned on compliance with Section 1373. Any such condition must be passed by Congress, and may only apply to new grants, not ones that have already been appropriated. The executive cannot simply make up new conditions on its own and impose them on state and local governments. Doing so undermines both

7168-402: The following cases, where it has been declared unconstitutional: Section 9(b) deals with the compilation and publication of information about immigrant crime. Section 9(b)states: While there is evidence that immigrants commit fewer crimes and are incarcerated at a lower rate than native-born Americans, there are very few studies of crime specific to illegal immigrants who are the targets of

7280-471: The former U.S. president and Illinois resident. It is likely that Arlington Heights would have been the county seat. This northwest suburban region of Cook was at the time moderately conservative and has a population over 500,000. Local legislators, led by State Senator Dave Regnar, went so far as to propose it as official legislation in the Illinois House . The legislation died, however, before coming to

7392-579: The general election ballot, but the idea was not met with success. In arguing against the Lincoln County proposal, others noted several of the cities involved had power structures, law enforcement, or de facto "mayors for life" often accused in the press, or civilly or criminally charged with, political corruption , cronyism , and nepotism , and themselves being the main factor in their depressed economies rather than anyone in Cook County government. The opposition decried that their true reason for joining

7504-415: The government) feel free to disrupt the proceedings and intimidate the parties and witnesses by staging arrests for unrelated civil violations in the courthouse." Judge Rakoff issued his summary judgement on June 10, 2020, affirming both counts that the ICE policy was illegal and enjoining the agency from performing any more arrests in such a manner in any courtroom in the state of New York. Rakoff agreed with

7616-410: The intervening decades to 2020. The county began with 10,201 people in the census of 1840, growing rapidly to 5,150,233 people estimated for 2019 by the US census. Growth was rapid in the 19th century, with the County reaching 2.4 million people by 1910. In the 20th century, the County reached 5.1 million population. Cook County is nearly completely developed, with little agricultural land remaining near

7728-526: The issuing of Executive Order 13768 by newly elected United States President Donald Trump on January 25, 2017, that revived the Secure Communities program, ICE discontinued the Priority Enforcement Program. The Priority Enforcement Program relies on updated enforcement priorities released in a November 20, 2014 memo by DHS Secretary Jeh Johnson (note that these enforcement priorities apply DHS-wide and are not limited to PEP). An exception can be made to removing an alien who fits these priority categories if in

7840-428: The judgment of an ICE Field Office Director, CBP Sector Chief, or CBP Director of Field Operations, there are compelling and exceptional factors that clearly indicate the alien is not a threat to national security, border security, or public safety and should not therefore be an enforcement priority. The memo does not forbid DHS agencies (ICE and CBP) from apprehending, detaining, and removing aliens who are not in any of

7952-615: The largest religious group in Cook County was the Archdiocese of Chicago , with 1,947,223 Catholics worshipping at 371 parishes, followed by 209,195 non-denominational adherents with 486 congregations, an estimated 201,152 Muslims with 62 congregations, 68,865 NBC Baptists with 99 congregations, 49,925 ELCA Lutherans with 145 congregations, 49,909 SBC Baptists with 181 congregations, 45,979 LCMS Lutherans with 120 congregations, 39,866 UCC Christians with 101 congregations, 33,584 UMC Methodists with 121 congregations, and 32,646 AG Pentecostals with 64 congregations. Altogether, 59.6% of

8064-440: The merits of their challenge. On November 21, 2017, section 9(a) of the executive order was declared unconstitutional by Judge William Orrick III , who issued a nationwide permanent injunction against its implementation. The executive order was rescinded by President Joe Biden on January 20, 2021. During his campaign, Trump proposed the mass deportation of illegal immigrants as part of his immigration policy. Jeff Sessions

8176-517: The nation. Some border towns in particular had been outraged, as people can take their business across the county border (paying, for instance, 7% in Lake County instead of Palatine's 9.5%). The secession issue eventually died down from the nominal tax increase. In 2011, two downstate Republican state representatives, Bill Mitchell of the 87th district and Adam Brown of the 101st district, proposed statehood for Cook County. Mitchell said that Chicago

8288-415: The nation. Three hospitals are part of this system: John H. Stroger, Jr. Hospital of Cook County , Provident Hospital , and Oak Forest Hospital of Cook County , along with over 30 clinics. The Cook County Department of Transportation is responsible for the design and maintenance of roadways in the county. These thoroughfares are composed mostly of major and minor arterials, with a few local roads. Although

8400-426: The objection of states and localities that sought not to participate in the immigration enforcement program. Through the rollout to state and local agencies, ICE could automatically be notified if a fingerprint in their database gave a positive hit for anyone run through a state or local jail or booking facility, enabling ICE to issue detainers and hold requests for persons who may have been stopped for nothing more than

8512-438: The order on the same grounds. For reasons of "judicial efficiency," both cases were assigned to District Court Judge William Orrick III . The State of California , represented by California Attorney General Xavier Becerra , filed an amicus brief in support of the two counties' challenge. Judge Orrick issued a preliminary injunction with nationwide effect halting implementation of the order on April 25, 2017, ruling that

8624-480: The order. Critics say that the effort to publicize immigrant crime is an effort to skew public perceptions about crimes committed by undocumented migrants. Some historians have compared Trump's proposed list of crimes committed by immigrants to the Nazi Germany -era policy of publishing lists of crimes supposedly committed by Jews. Historian Claudia Koonz of Duke University , an expert on Nazi Germany, said that

8736-511: The original Johnson memo by releasing a backgrounder. The backgrounder noted that whereas PEP was a step in the right direction, the "probable cause" definition was still too loose, and insufficient to address the Fourth Amendment-based challenge to S-COMM. In June 2015, the ACLU penned an open letter to Jeh Johnson with recommendations for improving PEP. Among the recommendations in the letter

8848-482: The other subcategories under the aegis of PEP are directly related to criminal convictions. One key component of S-COMM, the predecessor of PEP, was the use of ICE detainers , where ICE sent Form I-247 detainers to state and local law enforcement agencies (LEAs) asking them to keep aliens for up to 48 hours in law enforcement custody to give ICE time to take the alien in ICE custody. These detainers came under criticism both for leading to unconstitutional detention and for

8960-421: The outer county boundaries. According to the 2000 Census there were 1,974,181 households, out of which 30.9% had children under the age of 18 living with them, 44.0% were married couples living together, 15.6% had a female householder with no husband present, and 35.7% were non-families. 29.4% of all households were someone living alone including 9.3% who were 65 years of age or older. The average household size

9072-450: The plaintiffs here, a nationwide injunction against the defendants other than President Trump is appropriate. The city of Richmond, California filed a similar lawsuit on March 21, 2017. This lawsuit was also assigned to Judge Orrick. On February 8, 2017, the cities of Chelsea, Massachusetts and Lawrence, Massachusetts filed a lawsuit in the U.S. District Court in Boston, challenging

9184-519: The plaintiffs that the actions had chilling effects for reporting other civil and criminal issues even for immigrants who were not under ICE suspicions; "Evidence proffered by the plaintiffs indicates that substantial numbers of non-citizen litigants, even those who were not themselves subject to these actions, now feared any kind of participation in the legal system, including reporting domestic violence, litigating family court actions, and pursuing meritorious defenses to criminal charges." In response to

9296-505: The plaintiffs were likely to succeed on the merits of their challenge. On November 20, 2017, Judge Orrick issued a summary judgment that ruled Section 9(a) of the Executive Order was unconstitutional on its face and issued a permanent nationwide injunction against its implementation. The judgment concluded: The Counties have demonstrated that the Executive Order has caused and will cause them constitutional injuries by violating

9408-479: The policy of distributing list of criminal actions committed by undocumented immigrants to antisemitic Nazi propaganda that focused on crime in order to stir up anger and hatred toward Jews. Section 13 creates the Office of Victims of Immigration Crime Engagement , which operates to assist victims of immigrant crime. The Biden administration dissolved the office on June 11, 2021. The challenges are based largely on

9520-470: The population of 11 of the 13 Canadian provinces and territories . Cook County is at the center of the Chicago metropolitan area , which has a population of approximately 10 million people. Cook County was created on January 15, 1831, out of Putnam County by an act of the Illinois General Assembly . It was the 54th county established in Illinois and was named after Daniel Pope Cook , one of

9632-452: The population was claimed as members by religious congregations, although members of historically African-American denominations were underrepresented due to incomplete information. In 2014, Cook County had 2,001 religious organizations, second only to Los Angeles County out of all US counties. According to the U.S. Census Bureau , the county has a total area of 1,635 square miles (4,230 km ), of which 945 square miles (2,450 km )

9744-450: The population. African Americans made up 24.8% of the population. Native Americans made up 0.4% of Cook County's population. Asian Americans made up 6.2% of the population (1.8% Indian, 1.2% Filipino, 1.2% Chinese, 0.7% Korean, 0.3% Vietnamese, 0.2% Japanese, 0.8% Other). Pacific Islander Americans made up less than 0.1% of the population. People from other races made up 10.6% of the population; people from two or more races made up 2.5% of

9856-441: The practice established in the EO. The directive asserted that "law enforcement officials routinely engage in enforcement activity in courthouses throughout the country because many individuals appearing in courthouses for one matter are wanted for unrelated criminal or civil violations" and believed this was consistent with long-standing law enforcement policies. The state of New York, under its Attorney General Letitia James , and

9968-596: The previous year, and criminal alien arrests down 25%. In June 2015, the United States House Judiciary Subcommittee on Immigration and Border Security released a report on PEP. Based on the report, Committee Chairman Bob Goodlatte argued that the implementation of PEP endangered communities (relative to S-COMM). The report was cited in the Washington Times and by NumbersUSA , an advocacy group favoring low immigration numbers. Quoting from

10080-542: The proposal was deeply troubling and that: "It's tough to make parallels when the scapegoat is so different. But the process is the same. The process was to exaggerate every piece of evidence showing the criminality of the targeted group. Even though it was atypical and not representative, by the media blitz that accompanied it, people began to see it as normal." A number of commentators, including Amanda Erickson of The Washington Post , Christopher Hooton of The Independent , and Tessa Stuart of Rolling Stone also compared

10192-460: The purview of USCIS), there were also updates on the immigration enforcement side, relevant to ICE as well as to CBP. These updates were announced in the form of two memos by DHS Secretary Jeh Johnson on November 20, 2014: In January 2015, the United States House of Representatives passed a bill revoking the November 2014 executive action by President Barack Obama. One of the provisions of

10304-484: The rate increased to 10.25 percent, the steepest nominal rate of any major metropolitan area in America. In Evanston , sales tax reached 10 percent and Oak Lawn residents pay 9.5 percent. On July 22, 2008, the Cook County board voted against Cook County Commissioner's proposal to repeal the tax increase. In 2016, Cook County joined Chicago in adopting a $ 13 hourly minimum wage. Cook County Board chairman John Daley called

10416-628: The report, NumbersUSA noted that PEP even ignored the implementation of some of the priority subcategories identified in the November 2014 memo (specifically, 1(b), 2(c), 2(d), and 3). Executive Order 13768 Executive Order 13768 titled Enhancing Public Safety in the Interior of the United States was signed by U.S. President Donald Trump on January 25, 2017. The order stated that "sanctuary jurisdictions" including sanctuary cities that refused to comply with immigration enforcement measures would not be "eligible to receive Federal grants, except as deemed necessary for law enforcement purposes" by

10528-407: The secession effort was to start with a 'clean slate' with a new county government by design less willing to enforce responsibility against their abuses of power. Talk of secession from Cook County amongst some outlying communities again heated up in mid-2008 in response to a highly controversial 1% sales tax hike which has pushed the tax rates across the county communities up amongst the highest in

10640-450: The second largest racial group. Black Americans form over one-quarter (25.4%) of Cook County's population. Blacks of non-Hispanic origin form 25.2% of the population; black Hispanics make up the remaining 0.2% of the populace. There are roughly 1,341,000 African Americans of both Hispanic and non-Hispanic origin living in Cook County; 1,328,000 are non-Hispanic blacks. Roughly 52,500 people were of Sub-Saharan African ancestry, making up 1.0% of

10752-482: The separation of powers and federalism. Even aside from Trump's dubious effort to tie it to federal grants, Section 1373 is itself unconstitutional. The Supreme Court has repeatedly ruled that the federal government may not 'commandeer' state and local officials by compelling them to enforce federal law. Such policies violate the Tenth Amendment. City and County of San Francisco v. Trump or San Francisco v. Trump , No. 3:17-cv-00485 (N.D.Cal. 2017), were resolved by

10864-458: The south suburbs are often shunned by the city (although Chicago is not bound or required to do anything for other municipalities) and he blamed the Chicago-centric policies of Cook County for failing to jumpstart the somewhat-depressed south suburban local economy. Pending sufficient interest from local communities, Peloquin planned a petition drive to place a question regarding the secession on

10976-449: The state's Lake Michigan shoreline with Lake County . Including its lake area, Cook County has a total area of 1,635 square miles (4,234.6 km ), the largest county in Illinois, of which 945 square miles (2,447.5 km ) is land and 690 square miles (1,787.1 km ) (42.16%) is water. Land-use in Cook County is mostly urban and densely populated. Within Cook County, the state of Illinois took advantage of its Lake Michigan access and

11088-475: The states and local governments challenging the executive order in this case reflect the amendment's use by liberals. A federal statute involved in the cases is section 1373 of title 8 of the United States Code . That section provides that "a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from,

11200-575: The three priority categories. However, resources should be dedicated to aliens in the priority categories, and the removal of any alien not identified as a priority should only be carried out if, in the judgment of an ICE Field Office director, the removal serves an important federal interest. In addition, detention should not be used for people suffering from physical and mental illness, the disabled, elderly, pregnant, nursing, or primary caretakers of children and infirm people without approval from an ICE Field Office director. Unlike its predecessor S-COMM, PEP

11312-465: The total population. Approximately 10,300 residents of Cook County are of Native American ancestry. They consist of Cherokee , Chippewa , Navajo , and Sioux . Native Americans of Hispanic origin represent a sizeable portion of the Native American population. Nearly 6,000 Native Americans are of non-Hispanic origin, and some 4,300 are of Hispanic origin. Over 40% of the Native American racial group

11424-487: The validity of the executive order. The Lawyers' Committee for Civil Rights and Economic Justice and the law firm Goodwin Procter are representing the cities pro bono in the suit. The civil suit alleges eight causes of action: (1) declaratory relief that the City of Chelsea complies with 8 U.S.C.   § 1373 ; (2) declaratory relief that the City of Lawrence complies with 8 U.S.C.   § 1373 ; (3)

11536-400: The wage hike "the moral and right thing to do." In June 2017, however, nearly 75 home rule municipalities passed measures opting themselves out of the increase. The county has more Democratic Party members than any other Illinois county and it is one of the most Democratic counties in the United States. Since 1932, the majority of its voters have only supported a Republican candidate in

11648-603: Was Charles H. Percy in 1978 . To establish more localized government control and policies which reflect the often different values and needs of large suburban sections of the sprawling county, secession movements have been made over the years which called for certain townships or municipalities to form their own independent counties. In the late 1970s, a movement started which proposed a separation of six northwest suburban townships, Cook County's panhandle ( Barrington , Hanover , Palatine , Wheeling , Schaumburg , and Elk Grove ) from Cook to form Lincoln County, in honor of

11760-432: Was $ 299,571, an increase of 11.7% from the prior year. According to Census Bureau estimates, the county's population grew by 5.3% from 1990 to 2000, decreased by 3.4% between the 2000 census and the 2010 census, and increased 1.6% between 2010 and 2020. As of the 2010 Census , the population of the county was 5,194,675, White Americans made up 55.4% of Cook County's population; non-Hispanic whites represented 43.9% of

11872-413: Was 2.68 and the average family size was 3.38. In the county, the population age distribution was: 26.0% under the age of 18, 9.9% from 18 to 24, 31.7% from 25 to 44, 20.7% from 45 to 64, and 11.7% who were 65 years of age or older. The median age was 34 years. For every 100 females, there were 93.9 males. For every 100 females age 18 and over, there were 90.5 males. The median income for a household in

11984-479: Was adopted in an "arbitrary and capricious manner" that violated the Administrative Procedure Act (APA), and sought injunctive and declaratory relief from the ICE's practices. Judge Jed Rakoff rejected ICE's request to dismiss the lawsuit in November 2019, stating that the plaintiffs had a valid claim; "Courts cannot be expected to function properly if third parties (not least the executive branch of

12096-568: Was confirmed on February 7 as Attorney General. Among his first statements, Sessions claimed that, "We need to end this lawlessness that threatens the public safety, pulls down the wages of working Americans." On August 31, 2016 Trump laid out a 10-step plan as part of his immigration policy where he reiterated that all illegal immigrants are subject to deportation with priority given to illegal immigrants who have committed significant crimes and those who have overstayed visas. He noted that all those seeking legalization would have to go home and re-enter

12208-449: Was no need to pass additional legislation requiring state and local cooperation with federal immigration agencies. Local law enforcement agencies that had participated in S-COMM are continuing to participate in PEP, whereas those that had withdrawn from S-COMM have been evaluating PEP but not made a decision either way regarding participation. The American Civil Liberties Union responded to

12320-436: Was still not convinced that it made sense to participate. Cook County Board of Commissions Toni Preckwinkle issued a statement with a similar sentiment. In October 2015, San Francisco 's city government chose not to participate in PEP, and to restrict cooperation with federal law enforcement only for people convicted of serious crimes. This continued a tradition of San Francisco as a sanctuary city since 1989. In contrast,

12432-409: Was the main stated motivation for Cook County 's decision to stop complying with ICE detainers. Overall, S-COMM was criticized for creating mistrust between law enforcement and local communities, by adding the enforcement of immigration laws to their job. The design of PEP-COMM would in part be motivated by efforts to address these criticisms. On June 17, 2011, John T. Morton , director of ICE, issued

12544-482: Was the requirement that the probable cause notices be approved by a judge (i.e., judicially determined). ACLU's criticism of PEP was covered by the Washington Post in an article on the program's rollout. The National Day Laborer Organizing Network (NDLON), that had previously been critical of S-COMM, was critical of PEP, with its key concern being that the changes to the program were too cosmetic. NDLON also filed

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