With House Bill 1312 in 2025, Illinois became the first state to enact legislation to impede the removal of illegal aliens by U.S. Immigration and Customs Enforcement (ICE). These actions, along with the 2021 Illinois Way Forward Act, which ended local contracts with ICE, solidified Illinois as a "sanctuary" state
Despite the U.S. Department of Justice's lawsuit arguing that the Illinois law interferes with federal authority and violates the Constitution's Supremacy Clause., sanctuary states like California, Colorado, Connecticut, Maryland, Minnesota, New Jersey, New York, Rhode Island, Vermont, and Washington have decided to follow in Illinois' footsteps.
Maryland is farthest along in the process; Senate Bill 346, "No Kings Act," recently passed the Judicial Proceedings Committee and will soon head to the Senate floor. The House passed similar legislation, House Bill 351, in February.
Ira Mehlman of the Federation for American Immigration Reform (FAIR) points out that ICE is a federal agency.
"They have a right to carry out their duties anywhere in the United States, regardless of what the local officials might think," he says.
Though it would be nice if local officials in Illinois cooperated with ICE, Mehlman recognizes they do not have to.
"They certainly have no justification for impeding federal immigration officers or any federal officer from doing his or her job in their communities," he adds.
Mehlman says this is an example of how far these sanctuary jurisdictions are willing to go.
"They'll release people who pose a danger into the community, but somehow, federal immigration officers are not permitted to operate," the FAIR spokesman notes.
Meanwhile, President Donald Trump is making ICE a cornerstone of his domestic policy by aiming for the largest mass deportation operation in U.S. history. The administration has surged funding to the agency, aiming for 1 million deportations annually, expanding detention capabilities and authorizing operations in previously protected areas.
"They can say what they want, but I suspect that under this administration, ICE will do what it wants," Mehlman tells AFN.
FAIR opposes these efforts to impede immigration enforcement with bills designed to hamper removal efforts and make immigration officers leery of doing their congressionally mandated jobs.
