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.

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.

ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES

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.”

BLUE CITY JUDGE CITES ‘FEAR OR OBSTRUCTION’ IN BLOCKING ICE COURTHOUSE ARRESTS DURING COURT PROCEEDINGS

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.”

JUDGE ALLOWS ICE TO CONTINUE COURTHOUSE ARRESTS IN NEW YORK CITY FOLLOWING LEGAL CHALLENGE

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.

LONG-HELD SCOTUS PRECEDENTS COULD UNDERCUT PORTLAND, CHICAGO NATIONAL GUARD LAWSUITS

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.

CLICK HERE FOR MORE FOX NEWS OPINION

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.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

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.

CLICK HERE TO READ MORE FROM JONATHAN TURLEY

MILWAUKEE – Milwaukee police say two scenes about three miles apart are connected: the discovery of a young boy wandering alone before dawn and the fatal shooting of his mother, 31-year-old A’Nya Raymond, hours later.

What we know:

The Milwaukee County Medical Examiner’s Office confirmed Raymond was found dead in an alley near 42nd and Hampton around 9 a.m. Wednesday. Police say she had several gunshot wounds.

About five hours earlier, officers reported finding a nonverbal boy wandering alone on 9th Street near Keefe. Police estimated he was between 5 and 6 years old and said he was not wearing socks or shoes. 

FREE DOWNLOAD: Get breaking news alerts in the FOX LOCAL Mobile app for iOS or Android

Doorbell camera video shows officers searching the neighborhood shortly after 4 a.m.

A’Nya Raymond (courtesy of Misty Raymond)

Raymond’s mother, Misty Raymond, who lives out of state, confirmed the boy is her grandson and provided photos of A’Nya to FOX6. She said she first realized something was wrong when she saw her grandson’s picture on the news.

What they’re saying:

“It’s heartbreaking. I love my daughter. My family loved my daughter,” she said. “I have a big family that all loved each other, and to hear some news so far away that your daughter’s been shot in an alley… it just don’t get any worse for a parent than that.”

She plans to arrive in Milwaukee on Friday morning to see her daughter’s body and begin arranging a funeral.

A’Nya Raymond (courtesy of Misty Raymond)

“She was found shot and left in the alley,” the mother said. “My grandson was found miles from where she was found, so somebody knows something. Either they left him and dumped her body, I just want answers.”

SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News

The Milwaukee Police Department has not said whether the homicide happened where Raymond’s body was located, and follow-up questions were not answered by deadline. Investigators say they are searching for unknown suspects.

What you can do:

The family created a GoFundMe to help pay for the funeral.

Anyone with any information is asked to contact the MPD at 414-935-7360 or to remain anonymous, contact Crime Stoppers at 414-224-TIPS or use the P3 Tips app.