James Rogers, senior counsel at the America First Legal Foundation, joined Chicago’s Morning Answer to analyze Governor J.B. Pritzker’s recent comments suggesting that Illinois could pursue criminal charges against federal immigration officers for actions taken under the Trump administration. Rogers dismissed the idea as legally impossible and politically performative.
“Federal agents cannot be prosecuted by state officials for carrying out their lawful duties,” Rogers said. “Since 1890, the Supreme Court has made clear that federal law is supreme. Immigration enforcement is a federal responsibility under the Constitution.” He explained that any attempt by Illinois prosecutors to charge ICE or CBP agents would immediately be removed to federal court and dismissed.
Rogers noted that federal officers are still bound by the Constitution and accountable under federal law, but nothing that’s occurred in recent enforcement actions in Chicago appears unlawful. “They’re enforcing immigration law and protecting themselves when threatened by violent protesters,” he said. “That’s well within their authority.”
The discussion followed Pritzker’s accusations that ICE agents used excessive force against “peaceful protesters” outside a Chicago-area detention facility—claims contradicted by local reports describing violent clashes and projectiles thrown at officers. Rogers warned that state politicians who go beyond rhetoric could face their own legal exposure. “It’s a federal crime to conspire to obstruct federal officials from carrying out their duties,” he said. “If they cross the line from speech into action, they risk prosecution.”
Rogers also addressed the ongoing dispute over National Guard deployment in Illinois, saying federal courts have consistently upheld the president’s authority to use the Guard to support federal law enforcement. “The Insurrection Act isn’t even necessary here,” he said. “The National Guard isn’t covered by those restrictions. The president is acting within the law, and activist judges who say otherwise will likely be overturned by the Supreme Court.”
As Pritzker continues to position himself as a national figure in opposition to Trump, Rogers said the governor’s approach exemplifies the political “lawfare” now defining blue-state politics. “This is grandstanding,” he concluded. “If Illinois officials try to prosecute federal agents for doing their jobs, they’ll lose in court—and badly.”