Sen. Richard Durbin, left, Rep. Jesus Garcia, right (Reuters)
"Similarly, the Chicago Welcoming City Ordinance prevents the arrest or detention of an individual solely on the basis of a civil immigration violation and prevents local officials from giving ICE access to detainees unless such access is based on a legitimate law enforcement purpose that is not civil immigration enforcement," Garcia and Durbin wrote.
"Consistent with the Illinois TRUST Act, the Welcoming City Ordinance does not prevent ICE from engaging in immigration enforcement activities," they said, adding that Cook County – which includes Chicago – has similar policies.
They claimed, citing court precedent, that state or local authorities holding people without an immigration detainer violates the Fourth Amendment – while federal detention does not.
"Therefore, in passing these laws, Illinois, Cook County, and the City of Chicago – along with hundreds of other jurisdictions across the country – protect local resources while ensuring compliance with the Constitution and leaving the enforcement of federal immigration law to federal officials."
Garcia, who emigrated from Durango, Mexico, in 1965, went on to ask DHS and the DOJ in return to stop trying to allegedly "usurp" their authority, "as lawmakers who value the rule of law, public safety, and the U.S. Constitution" when it comes to critiquing how Illinois handles immigrants.
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"These laws neither impede nor interfere with the enforcement of federal immigration law by federal authorities."
The Justice Department confirmed receipt of the letter but declined further comment.
Fox News Digital also reached out to DHS for comment but did not hear back by press time.
Charles Creitz is a reporter for Fox News Digital.
He joined Fox News in 2013 as a writer and production assistant.
Charles covers media, politics and culture for Fox News Digital.
Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to charles.creitz@fox.com.
https://www.foxnews.com/politics/illinois-democrats-tell-feds-stop-trying-usurp-state-authority-over-immigration