Chicago landlords face a staggering $80,000 penalty after threatening to call ICE on their tenants during a rent dispute. The landmark ruling marks the first judgment under Illinois’ Immigrant Tenant Protection Act as liberal states continue creating sanctuary policies that conflict with federal immigration enforcement.
At a glance:
• Chicago landlords ordered to pay $80,000 for threatening to report immigrant tenants to ICE
• First judgment under Illinois’ 2019 Immigrant Tenant Protection Act prohibiting discrimination based on immigration status
• Mexican American Legal Defense and Educational Fund (MALDEF) filed the lawsuit in 2022
• The case highlights growing tensions between state protections for illegal immigrants and federal immigration laws
• Illinois was the second state to enact such legislation, following California’s lead in 2017
Liberal State Protects Immigrants From Deportation Threats
An Illinois circuit court judge has awarded over $80,000 to a Chicago couple in a lawsuit against their landlords under the state’s Immigrant Tenant Protection Act. The case marks the first judgment under the 2019 law, which prohibits landlords from discriminating against or harassing tenants based on their actual or perceived immigration status.
The lawsuit was filed by the Mexican American Legal Defense and Educational Fund (MALDEF) in 2022 after landlords Marco Antonio Contreras and his wife threatened to call U.S. Immigration and Customs Enforcement during a rent dispute. The tenants, Maria Maltos Escutia and Gabriel Valdez Garcia, had been renting a basement apartment from the landlords since 2017.
Tenants Speak Out Against “Threats”
The court ordered the landlords to pay damages, attorneys’ fees, and costs for violating the ITPA, plus a smaller sum for denying the tenants access to their belongings. The incident occurred on June 30, 2020, during a time when tensions over immigration enforcement were already high across the country.
Thomas A. Saenz, MALDEF President and General Counsel, praised the decision, saying, “This decision provides a measure of justice to a family facing a landlord willing to threaten to call federal immigration authorities in the belief that it would scare tenants. Such unscrupulous conduct is appropriately unlawful under Illinois state law.”
Growing Conflict Between State and Federal Immigration Laws
Illinois was the second state to enact legislation protecting immigrant tenants’ rights, following California in 2017, with Colorado implementing similar measures in 2021.
The recent judgment comes amid increased scrutiny of immigrant-friendly cities during heightened federal immigration enforcement efforts. Critics argue these state laws create sanctuary policies that interfere with the federal government’s constitutional authority to enforce immigration laws.
MALDEF played a key role in passing the Illinois tenant law in 2019, which explicitly prevents landlords from using immigration status as leverage against tenants. The organization’s Midwest Regional Counsel, Susana Sandoval Vargas, called the decision “an important victory for all tenants in Illinois, who, like our clients, just want a safe place to call home.”
