Midwest
JONATHAN TURLEY: Why blue states’ new anti-ICE laws are unconstitutional virtue signaling
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Illinois has now joined California and Connecticut in barring federal immigration agents from conducting “civil arrests” of illegal aliens in or around state courthouses. The sanctuary law appears largely performative since it also appears unconstitutional. It is difficult to see how a state can bar the exercise of federal jurisdiction, at least after the Civil War.
Gov. JB Pritzker has been ratcheting up the rhetoric against ICE and the Trump administration for months, including analogies to the Nazis and claims that democracy is dying. The new law, however, crosses the constitutional Rubicon by not only limiting the operation of Immigration and Customs Enforcement (ICE) but also establishing a 1,000-foot “buffer zone” outside of buildings.
Illinois State Police made several arrests at the Broadview ICE facility on Friday. (Fox News/Getty Images)
The law makes courthouses equivalent to churches, where suspects can claim sanctuary not only when they cross the threshold but also within 1,000 feet, unless, of course, ICE ignores the law.
Recently, the chief judge in Cook County issued an order with the same prohibition. A few other judges in other states have issued similar orders.
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The authority for the orders is highly dubious.
The federal government can cite laws mandating the arrest of certain individuals for immigration violations, including mandatory detention of certain aliens who are removable due to criminal convictions or terrorist activities and detention and removal of aliens with final orders of removal.
President Donald Trump and Illinois Gov. JB Pritzker traded sharp words as Trump floated deploying National Guard troops to Chicago and Pritzker vowed to fight the move in court. (Chip Somodevilla/Getty Images; Kamil Krzaczynski/AFP via Getty Images)
The most immediate problem for Illinois is the supremacy clause of the U,S. Constitution, which states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof[]… shall be the supreme Law of the Land[]… any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
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The second problem is the Supreme Court, which has repeatedly rejected such state authority to dictate federal enforcement or policies. In the 1952 c ase Harisiades v. Shaughnessy, the high court found that the federal government has the “exclusive” control over “any policy toward aliens.”
Ironically, as I have previously pointed out, these blue states will face an unusual authority cited against them: Barack Obama. It was President Obama who went to the Supreme Court to strike down state laws that interfered with federal immigration enforcement (even in assisting that enforcement). In the 2012 case Arizona v. United States, Obama largely prevailed, as the Supreme Court affirmed that “[t]he Government of the United States has broad, undoubted power over the subject of immigration and the status of aliens.”
This recognized authority goes back to the 19th century. The court ruled in the 1893 case Fong Yue Ting v. United States that “Congress [has] the right, as it may see fit, to expel aliens of a particular class, or to permit them to remain,” and “has undoubtedly the right… to take all proper means to carry out the system which it provides.”
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The Illinois law also creates the ability to sue federal authorities for false imprisonment under state law and it creates a 1,000-foot circle around any state court, creating safe zones for illegal immigrants.
Presumably, if you rent an apartment within one of those zones, you would be able to create effective immunity by simply signing a lease. As long as you stay within the specified public areas, you would be protected from civil arrest. With Illinois and other states pushing apps tracking ICE operations, a suspect could step outside onto a sidewalk or public space to claim protection from any civil arrest. It is unclear whether landlords will raise their rents in light of the new immunity amenity.
Keep in mind, if this were constitutional, the state could add to the list of sensitive places from city services to clinics. The result would be a mosaic of safety zones that would be maddening for federal authorities. Notably, blue states have attempted the same tactic to circumvent Second Amendment rights.
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The legal infirmities behind these laws are irrelevant for politicians seeking to virtue signal. However, it will come at a real cost for individuals who mistakenly rely on these assurances and assume that they are protected within safe zones.
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Many states during the desegregation period challenged federal authority in the fight against civil rights. They also failed.
Of course, the greatest irony is that the two figures who will be cited against this move are the two favorite sons of Illinois who became presidents: Lincoln and Obama. Both reinforced the supremacy of federal jurisdiction.
Indeed, the bill was passed just a couple days before the anniversary of Lincoln’s election as the 16th president of the United States. He then faced states that claimed that they could take the ultimate step of removing themselves from federal authority and jurisdiction.
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Illinois now claims the right to dictate where federal authority can be exercised and makes federal authorities liable for violating specified state safe zones.
Good luck with that.
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Cleveland, OH
Winners and Losers From Cleveland Cavaliers NBA Playoffs Game 1
A well-balanced effort and a huge second half from the Cleveland Cavaliers stars allowed them to dominate the Toronto Raptors 126-113 for the first playoff win of the year.
Here are the winners and losers of the first playoff game of the year for Cleveland.
Winners
Max Strus
Oh, did Max Strus miss over 65 games this year while dealing with injury he sustained in the offseason? You would have never noticed based on how he played in game one.
He was the difference maker off the bench in 24 minutes. He scored 24 points on 80% shooting. He was the clutch man at the end of the first half with four points in 30 seconds, then took over in the third by scoring eight straight.
Kenny Atkinson made a strong push to get Strus back in the rotation before playoffs and it’s showing why. He’ll be the X-factor all postseason long.
Cleveland’s starting bigs
The Cavaliers started the game looking to get Jarrett Allen touches inside the paint on the first four possessions of the game. He set the tone early by playing bully ball, throwing down a few hard dunks and showing Cleveland wanted to win the paint.
Allen cooled off but what he did early opened up the lanes for James Harden to drive in and create open shots on the perimeter. Then as Toronto tried to take that away, Evan Mobley took over in the paint.
Cleveland can win this series in the paint as the Raptors don’t have enough size to keep pace with this brand of basketball. Harden can unlock a new layer from bigs, it showed it the regular season and it’s showing now.
Mobley finished with 17 points and seven rebounds and Allen had 10 with seven boards.
The James Harden trade
Plenty of people doubted how effective Harden would be in the playoffs. He hasn’t had much success since he was a bench player for the Thunder.
This game was peak Harden. He got to be the playmaker instead of the scorer and it opened Cleveland’s offense up. As stated, the big got involved in a big way. The role players were able to find their shots.
He just freezes the game in a unique way. He knows when to throw a lob, when to pass out, when to shoot a floater and when to get creative.
Harden also helped Donovan Mitchell play an efficient game. Mitchell has always been able to score in the postseason, but often has had to sacrifice his efficiency. With Harden around Mitchell will know he is another star who can score when needed, but will focus on getting everyone else involved.
Harden finished with 22 points and 10 assists while Mitchell had 32 points. Meanwhile, the Clippers couldn’t make it out of the play-in and Los Angeles saw some of the frustration with Darius Garland’s inconsistency.
Losers
Jaylon Tyson
Cleveland found a role for 10 guys in this first game which was something they weren’t expected to do in the playoffs. Many expected Dennis Schroder or Keon Ellis to be the odd man out of the rotation.
Instead Tyson looked like someone playing in his first career playoff game, which is exactly what he is. In just 13 minutes he had four fouls. He shot 0/4, only hitting a pair of free throws. He turned the ball over once and really got his defense exposed at times.
Tyson’s role in the rotation could be in serious jeopardy. Ellis and Shroder didn’t have great days either, but both helped keep the offense smooth and played solid enough defense. Tyson should have some more opportunities to prove himself, but the leash gets shorter in the postseason.
Toronto’s guards without Quickley
Without Immanuel Quickley out there, the Cavaliers had a clear mismatch to exploit in the backcourt.
Now RJ Barrett and Jamal Shead still managed to put up some points, Barrett scored 24 and Shead scored 17, but neither got the offense going and neither could stop Mitchell and Harden on defense.
Barrett and Shead combined to dish out just five assists. Most of their passing had to come from the front court. That is a major weakness for Toronto right now.
Things got worse with Ja’Kobe Walter and AJ Lawson. Both guys struggled hard defensively and allowed Cleveland to bully with their stars.
If Quickley is out for the rest of the series, Cleveland will have plenty of chances to end this in four games.
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Illinois
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Indiana
An Indiana district turned to voters to fund more preschool seats. Here’s what happened next.
(CHALKBEAT INDIANA) — When Pete Hinnefeld and his wife started looking for a preschool for their daughter, they hoped to send her to the same school her brother attended, which was just down the road from their house and offered Spanish-language immersion.
To do this for Lydia, then age 3, they were prepared to pay the $600 monthly cost.
But after voters approved a property tax referendum to fund early learning for children living within the Monroe County Community School Corporation, the family’s preschool bill was cut by more than half. Nearby preschool cut down time spent commuting to their parents’ house for babysitting, and helped Lydia build social skills.
The family are one of hundreds now benefitting from the 2023 referendum, which has more than doubled the number of children attending 3- and 4-year-old preschools in the district.
“For us, this is why you pay taxes,” Hinnefeld said. “It’s important for young kids to have access to school and if parents need to work, it’s an opportunity to let them work.”
The referendum put forward by the district, located in Bloomington, is a first in the state, offering all families tuition support on a sliding scale based on income, no matter whether children attend a district preschool or a partner provider.
It represents a local solution to problems with accessing and affording early learning that have left thousands of Indiana families waiting for help. Indiana in December 2024 froze its Child Care and Development Fund, or CCDF, and On My Way Pre-K dollars, which provide funding for early learning for income-eligible households.
A $200 million funding increase for CCDF approved by the State Budget Committee this week will allow Indiana to begin issuing vouchers againin May to around 14,000 more children, for a total enrollment of around 57,000. Those funds will last around one year.
Still, around 20,000 children will remain on the waitlist, and families may have fewer options for where to use their vouchers as hundreds of providers have closed since the freeze was announced, according to early learning advocates in the state. In a recent survey of early childhood educators in Indiana — which includes those working in a variety of settings — 90% of respondents said families are struggling to pay tuition.
A statewide universal preschool program is unlikely, Republican leaders have said. Instead, a legislative proposal this year would have let cities and counties — not just school districts — ask voters to fund preschool seats. It failed to get traction, but its advocates expect it to return.
The political climate isn’t especially promising for local tax increases: A new Indiana law has placed caps on property tax revenue that are already affecting local budgets. Lawmakers also recently restricted when schools can place referendums on the ballot.
Still, a new local revenue stream could be a boon in some Indiana communities, such as those with high demand for preschool, existing programs, and high social cohesion, said Sam Snideman, vice president of government relations for United Way of Central Indiana.
“There are going to be communities where this makes a ton of sense,” Snideman said. “The increasing challenge for an entity that goes before the public for a referendum is making a very clear value case. What is the common good and what is in the community interest is very important.”
School district’s pre-K enrollment doubles after referendum
Before Monroe schools brought the referendum request to voters, the district conducted a study that showed there were not enough early learning seats to serve children in the community, said Timothy Dowling, director of early learning and enrollment at Monroe schools. And families couldn’t always afford the seats that were available.
But the district also knew that research links quality early learning improved later academic outcomes, Dowling said.
“We wanted to do everything we can to help our students get the benefit of early learning, because we know it pays off in huge dividends,” Dowling said.
The referendum equated to around a $50 increase yearly for a home with an assessed value of $250,000, according to the district website, and also paid for instructional supplies for K-12 students. It passed with 55% of the vote; Dowling said the community study and transparency about how the referendum funds would be used were key to its success.
As a result of the successful referendum, all families in the district qualify for at least $4,000 in tuition assistance for preschool for 4-year-olds, whether their children attend a district school or at one of seven community providers.
Around 76% students in the district’s program attend for free based on their family’s income, Dowling said. Families in the lowest income tier who send their children to community providers receive $8,000 in tuition assistance.
The program also offers tuition assistance for 3-year-old preschool based on income and where the student attends school. For families making 225% or less of the federal poverty level, preschool is free at district programs. Often those families struggled the most to afford child care, even when state child care vouchers were available, Dowling said.
In 2024-25, the year after the referendum passed, the number of 4-year-olds attending preschool doubled from 184 to 378, with 64 of those children attending preschool at outside centers. This year, the district expanded preschool for 3-year-olds, based on the timeline laid out in the referendum. Enrollment jumped from 78 to 123, with another 33 students attending community child care centers, Dowling said.
With multiple types of providers, families have options, said Kelly Sipes, the executive director for Penny Lane Childcare Centers, which is a partner provider with the district. Those who need transportation might choose a district-run preschool, she said, but those who need year-round care during school holidays can choose a center like Penny Lane instead.
Her centers are usually at capacity, Sipes said, and child care needs in the community persist. When CCDF funding was cut, some of her families turned to the funding from the district instead.
“It’s awesome for the families,” Sipes said. “We should be all in this together as a community.”
Pitching child care: ‘We live in a society’
Replicating referendum-funded preschool might work well in communities where school-based providers already exist, and where there’s a sufficient tax base and steady demand for child care, Snideman said. It would also be an incentive to attract working families.
But it could be a harder sell in rural districts, where there are fewer families and less demand.
Generally, school referendums pass in districts that are wealthier, and in areas with less farmland, said Larry DeBoer, a Purdue University professor emeritus of agricultural economics, who has studied school referendums in depth.One of the biggest predictors of success is whether a school district has tried to pass a referendum before — even if they’ve failed, a second referendum is more likely to pass, DeBoer said.
Monroe schools had previously passed an operating referendum the year before its 2023 preschool referendum. As a county, Monroe has a slightly lower per-person income than Indiana as a whole, and has more students than the small and medium-sized districts most likely to propose successful ballot measures. It’s home to Indiana University, and tends to vote Democratic in a largely conservative state.
A legislative proposal this year, HB 1430, would have given the power to levy preschool referendums to counties and cities, potentially casting a wider net for both family demand and child care providers.
The bill did not receive a hearing, in part because Indiana legislative leaders are usually reluctant to consider bills with a fiscal impact in even-numbered years where they don’t pass a state budget. And the most recent state budget passed in 2025 was tight, with cuts to spending and programs due to a revenue shortfall.
The bill’s author, Rep. Blake Johnson, a Democrat, said that conversations about the bill have been fruitful, and that he expects the idea to return in a future session.
Given budget concerns, a locally funded solution that communities can tailor to their own needs may be more successful than a statewide one, said Patrick McAlister, who leads the Preschool Choice Alliance, a statewide group.
“This is an economic development need. Here’s the tool and the option to exercise it or not,” Johnson said.
A successful referendum would be a boon to working parents who struggle to afford the cost of early learning, said McAlister, who used to be the director of the Indianapolis Mayor’s Office of Education Innovation. But even for non-parents, a preschool referendum could have a positive impact on property values and in other ways, McAlister said.
Ultimately, it would be one part of an “all and above strategy” addressing care for children from birth to age 2.
“We live in a society,” McAlister said. “There are certain things we hold true and caring for children is a value many people share.”
Aleksandra Appleton covers Indiana education policy and writes about K-12 schools across the state. Contact her at aappleton@chalkbeat.org.
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