Government watchdog Judicial Watch is suing Chicago Mayor Brandon Johnson for records related to his reported plans to resist the Trump administration's mass deportation efforts. Johnson's office is now facing an open records lawsuit after denying that such documents exist.
“Sure enough, this scandal is worsened by the evident cover-up of the full scope of Mayor Johnson’s lawlessness, which Judicial Watch aims to remedy with our open records lawsuit," @TomFitton (3/3). https://t.co/fgl0PZkKFa
— Judicial Watch ⚖️ (@JudicialWatch) January 23, 2025
In the aftermath of President Donald Trump's election win, on November 12, the Democrat mayor held a press conference where he pledged that Chicago would remain a so-called "sanctuary city," i.e. a liberal jurisdiction that refuses to cooperate with federal immigration authorities. In accordance, city officials will continue to shield all illegal aliens in Chicago from federal deportation officers, Johnson promised.
Trump's border czar Tom Homan, who's tasked with leading the "largest domestic deportation operation in American history," said he'd cut off federal funds from cities, such as Chicago, that do not assist U.S. Immigration and Customs Enforcement (ICE) agents. Chicago is on the list of the first "sanctuary cities" to be cleaned up under Trump. Homan warned that Johnson better not "impede" the Trump administration's work or else face prosecution. "If he knowingly harbors or conceals an illegal alien—I will prosecute him," Homan said of Johnson.
Johnson, speaking for the first time on the outcome of the presidential race, called Trump "a tyrant" and those threats "dangerous."
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He emphasized that under the "Welcoming City Ordinance," Chicago police officers are not allowed to help ICE agents deport immigrants living in the city illegally. Johnson signaled that he was prepared to fight this front over the next four years of Trump's presidency.
"We will not bend or break," Johnson said. "Our values will remain strong and firm. We will face likely hurdles in our work over the next four years but we will not be stopped and we will not go back."
On behalf of Judicial Watch, the law firm Chalmers, Adams, Backer & Kaufman filed an open records lawsuit last week against Johnson's office after his staff failed to adequately respond to a November 27 public records request seeking any internal documentation of the mayor's plans or preparations to undermine federal efforts to enforce U.S. immigration law.
"Chicago Mayor Brandon Johnson announced himself and his city government to be outlaws on illegal immigration as they plan to help illegal aliens resist the rule of law," Judicial Watch president Tom Fitton said in a press statement. "Sure enough, this scandal is worsened by the evident cover-up of the full scope of Mayor Johnson's lawlessness, which Judicial Watch aims to remedy with our open records lawsuit."
The civil complaint—filed in Cook County Circuit Court—is asking for a declarative judgment and injunctive relief, in which the court declares Johnson's office to be in violation of the Illinois Freedom of Information Act (FOIA).
According to the suit, on December 5, Johnson's staff told Judicial Watch they could not comply with the open records request within the time limits prescribed by law "without unduly burdening or interfering with [his office's] operations." Then, on December 18, Johnson's office claimed that they had "no responsive records" to hand over.
"The letter did not claim a search had been conducted, much more describe a search reasonably calculated to discover the requested records," Judicial Watch's lawsuit says. "Nor did the letter assert that responsive records exist but were exempt from production."
To rectify this, Judicial Watch wants Johnson's office to sufficiently search for the records, write an affidavit describing their search efforts as well as demonstrating that the said search was "conducted in good faith," and accordingly turn over all findings. If the defendant claims disclosure exemptions, Johnson's office should have to identify "with specificity" the reasons why such records would be legally exempt, Judicial Watch urges.
Furthermore, the filing says Johnson should have to cover Judicial Watch's costs of litigation like Fulton County DA Fani Willis had to for flouting Georgia's open records law. Under court order, Willis confessed to wrongly withholding records that Judicial Watch had repeatedly requested. Willis was found financially liable and now owes Judicial Watch over $21,500 in legal fees. "Non-compliance has consequences," the judge who issued the ruling reprimanded Willis. "The [Georgia Open Records Act] is not hortatory; it is mandatory."
Judicial Watch believes Johnson's office similarly possesses undisclosed records based on the mayor's public comments.
Judicial Watch works to promote transparency, accountability, and integrity at all levels of government. As part of the non-profit's mission, Judicial Watch regularly requests records from public entities and disseminates their findings to the American public.
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