By Chelsea Bailey, CNN
(CNN) — Officials in Minnesota and Illinois filed lawsuits within hours of each other Monday seeking to curb the Trump administration’s ongoing immigration crackdown in their states.
Although the lawsuits are separate and nuanced, both states cited the 10th Amendment to back their claim that the surge of Immigration and Customs Enforcement and Border Patrol agents – which has stoked nationwide protests, as well as violence and fear in their cities – is tantamount to federal overreach and a violation of their state’s sovereignty.
Minnesota Attorney General Keith Ellison has said his office believes the surge in federal agents is a violation of the 10th amendment, which establishes the division of powers between the state and federal government.
“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 Monday news conference announcing the lawsuit.
“We’re going to defend those rights because – as much as they like to believe it – DHS (Department of Homeland Security) is not above the law, and the people of Minnesota are certainly not beneath it.”
Illinois Gov. JB Pritzker went a step further in his remarks about his state’s lawsuit, claiming Illinois will hold President Donald Trump and his administration “accountable for their unlawful tactics, unnecessary escalations, and flagrant abuses of power.”
Trump and his administration have said the Constitution gives the federal government broad authority to enforce national immigration laws as the government sees fit.
In a lengthy statement posted on Truth Social Tuesday, Trump defended ICE tactics and declared, “FEAR NOT, GREAT PEOPLE OF MINNESOTA, THE DAY OF RECKONING & RETRIBUTION IS COMING!”
But constitutional law experts told CNN the pair of lawsuits have essentially pitted the states’ rights to self-govern and protect their citizens against the federal government’s ability to enforce immigration policy within the nation’s borders.
And it opens the door for a new interpretation of an amendment central to the Bill of Rights, experts say.
The dividing line between state and federal government
Michele Goodwin, professor of constitutional law at Georgetown University, said understanding the significance of Illinois and Minnesota’s lawsuits begins with understanding the importance of the Bill of Rights and the 10th Amendment.
“The Bill of Rights was intended to protect these new Americans, these people who have fled the worst of political oversteps in the United Kingdom,” she said. “(It) was intended to protect individuals against overreach, against abuses of power by government.”
The First Amendment establishes fundamental freedoms of speech, press, religion, and peaceful assembly. It also protects the right to petition the government – or formally ask the government to make changes without fear of punishment – and prevents Congress from making laws that trample on these rights.
Subsequent amendments, Goodwin said, build on these protections to further enumerate the rights of citizens and protect against government overreach.