Minnesota and Illinois are citing the 10th Amendment in new lawsuits aimed at curbing the Trump administration’s immigration enforcement operations, arguing that the federal government has crossed constitutional limits by flooding their cities with immigration agents.
According to CNN, officials in both states filed lawsuits within hours of each other on Monday, seeking to block what they describe as an aggressive surge of Immigration and Customs Enforcement (ICE) and Border Patrol agents.
The states argue the move amounts to federal overreach and violates their sovereign authority.
10th Amendment
The 10th Amendment is part of the Bill of Rights and outlines the balance of power between the federal government and the states. It states that powers not delegated to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people.
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Minnesota Attorney General Keith Ellison said the amendment is central to his state’s legal challenge. “The Constitution gives Minnesota the sovereign authority to protect the health and wellbeing of every single person who lives in our borders,” Ellison said at a news conference announcing the lawsuit.
Ellison added that the Department of Homeland Security is not above the law and said Minnesota will defend its constitutional rights.
Illinois Gov. JB Pritzker echoed those concerns, accusing the Trump administration of “unlawful tactics” and “flagrant abuses of power,” CNN reported. Illinois’ lawsuit argues that federal immigration operations have disrupted communities, undermined public safety and interfered with the state’s ability to govern effectively.
Chicago, along with Minneapolis and Saint Paul, is also listed as a plaintiff in the lawsuits.
Federal government pushes back
President Donald Trump and his administration have said the Constitution gives the federal government broad authority to enforce immigration laws nationwide. In a statement posted on Truth Social, Trump defended ICE tactics and warned Minnesota residents that “the day of reckoning & retribution is coming.”
Also Read: Minnesota sues Trump administration over immigration crackdown
Constitutional law experts told CNN the lawsuits highlight a fundamental tension between states’ rights and federal immigration authority. Michele Goodwin, a constitutional law professor at Georgetown University, said the 10th Amendment was designed to protect states from federal overreach and preserve their ability to govern local matters such as policing and public safety.
More than 230 years after its ratification, Minnesota and Illinois argue the amendment now limits how far federal immigration enforcement can go within their borders. Whether courts agree could reshape how the 10th Amendment is applied.