Federal Government Issues Executive Order on Student Athletics and Sues Chicago, Cook County and Illinois Over Immigration Enforcement 

This week, President Trump signed another executive order impacting educational institutions, and the Department of Justice sued Chicago, Illinois and Cook County over immigration enforcement policies. Below, we summarize these developments and discuss implications and timelines of which institutions should be aware. 

1. Executive Order: “Keeping Men Out of Women’s Sports”

Summary

On February 5, 2025, the President issued an Executive Order titled “Keeping Men Out of Women’s Sports” directed at “educational institutions and athletic associations” with the purpose of ensuring women and girls have an “equal opportunity to participate and excel in competitive sports”. The Executive Order requires the Secretary of Education to act to “protect all-female athletic opportunities and all-female locker rooms”, and to prioritize Title IX enforcement against educational institutions and athletic associations that require female students “to compete with or against or to appear unclothed before males.” The order references the definitions of sex used in prior executive orders which states that there are only two distinct sexes, male and female, as defined by a person’s biological sex at conception, and does not include the concept of gender identity.

The Executive Order directs the Department of Justice to provide resources to executive departments and agencies, and for those agencies to review grants provided to educational programs and rescind funding to programs that do not comply with the Executive Order. The Executive Order takes the position that it is unfair and unsafe for female athletes when athletic governing bodies allow “men to compete in women’s categories if these men reduce the testosterone in their bodies below certain levels or provide documentation of ‘sincerely held’ gender identity.”

Implications

Educational institutions may see increased enforcement activity from the U.S. Department of Education or Department of Justice based on the directive of the Executive Order for federal agencies to oppose the participation of transgender girls and women in female athletics. On February 6, 2025, the Department’s Office for Civil Rights announced the launch of directed investigations against San Jose State University, University of Pennsylvania, and Massachusetts Interscholastic Athletic Association related to reported TItle IX violations in athletics. In response to this Executive Order, athletic associations are taking varied positions as to any impact on their policies governing student athletic participation. The Illinois High School Association (“IHSA”) issued a statement on February 5, 2025, indicating they will continue to follow state law and monitor any changes that may occur. IHSA currently allows participation of students in athletics consistent with their gender identity and outlines procedures that students must follow, including documentation that must be submitted, in order to receive an eligibility ruling from the IHSA prior to “participation in a state series event aligned with their gender identity.” The National Collegiate Athletic Association (“NCAA”) also issued a statement indicating that the President’s Executive Order provides a “clear, national standard” and the NCAA will amend its policies to follow the issuance of the new rules. In light of the potential conflict between the Executive Order and state and federal laws, we recommend that you contact legal counsel if you receive complaints or questions. We will continue to monitor for developments and advise accordingly.

Timeline

The Assistant to the President for Domestic Policy is to convene representatives of major athletic organizations and governing bodies and State Attorneys General to promote policies that are “fair and safe” and to identify best practices in enforcement, within 60 days.

2. Department of Justice Lawsuit Against the City of Chicago, Cook County, and the State of Illinois 

Summary 

On February 6, 2025, the United States Department of Justice (“DOJ”) filed a complaint in federal court against the City of Chicago, Cook County, and the State of Illinois, as well as several individual defendants. The lawsuit comes in the wake of President Trump’s declaration of a national emergency at the southern border and subsequent Executive Orders relating to immigration. The complaint challenges the Way Forward Act, the TRUST Act, the  Welcoming City Act, and Cook County Ordinance 11-O-73 on the grounds that they are designed to, and in fact do, interfere with and discriminate against the Federal Government’s enforcement of federal immigration law in violation of the Supremacy Clause of the United States Constitution. The DOJ’s main contention is that the challenged laws prohibit basic cooperation with federal officials, including ICE and DHS, by disrupting Congress’s statutory scheme that allows the Federal Government to detain and remove aliens once their state proceedings and sentences conclude. The DOJ also contends that the laws discriminate against federal immigration enforcement and violate other federal laws by prohibiting or restricting communication between government agencies and ICE.

Implications 

The DOJ is seeking a declaratory judgment that the state and local laws violate the Supremacy Clause and other federal laws and are invalid. They are also seeking both preliminary and permanent injunctions to stop the enforcement of the state and local laws, immediately and permanently, to prevent authorities from limiting cooperation with federal immigration enforcement.

Timeline

At this time, there is no definitive timeline, however, based on standard Federal Rules of Civil Procedure, the defendants generally have 21 days from being served with the complaint to file a responsive pleading, such as an answer or motion to dismiss. As this complaint was filed just this week, the clock for the defendants to file a response will start once they are formally served.

This morning, an order was entered by Judge Lindsay C. Jenkins setting an in-person initial status hearing for April 15, 2025.