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Trump DOJ Sues as Their ENTIRE SCHEME BACKFIRES

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December 25, 2025

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Brian Kabateck and Shant Karnikian discuss the DOJ's lawsuit against Illinois Governor JB Pritzker over the state's new immigration protection law signed December 9. The Illinois Bivens Act and Court Access, Safety, and Participation Act ban civil immigration arrests inside courthouses and within 1,000 feet of courthouse buildings, require hospitals, daycares, and public universities to develop response plans for federal immigration raids, prohibit sharing personal information with immigration agents, and create a private right of action allowing residents to sue federal officers individually with minimum $10,000 punitive damages. The law came after Operation Midway Blitz arrested over 4,000 people in Chicago with only 15% having criminal records. Brian analyzes the constitutional issues, predicting the courthouse ban will likely survive but questioning whether the 1,000-foot perimeter is arbitrary and the punitive damages provision is improper. Shant explains the Supremacy Clause doesn't require states to assist federal law enforcement—states don't need to open courthouses to arrests, share resident data, or help investigations. The hosts discuss the Tenth Amendment and states' rights, noting the irony of Republicans typically championing states' rights suddenly supporting federal overreach. Brian points out the DOJ forum-shopped by filing in the Southern District of Illinois rather than the more liberal Northern District in Chicago, and notes sanctuary state laws mandating non-cooperation have been largely upheld while laws actively interfering with federal operations have failed. The hosts predict this lawsuit will ironically help states by creating a judicial roadmap clarifying what protections states can enact, potentially establishing precedent limiting future federal overreach.

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Guests & Subjects Covered

Subscribe Brian KabateckShant KarnikianIllinois Governor JB PritzkerThe Illinois Bivens ActCourt Access SafetyParticipation ActOperation Midway BlitzSupremacy Clause

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Trump DOJ Sues as Their ENTIRE SCHEME BACKFIRES · Legal Af · Sentinel