Federal government battles Illinois city to keep $25,000 reparations payments alive

The Department of Justice is formally opposing the city of Evanston, Illinois, in a bid to keep its race-based reparations program intact. The federal government joined a civil rights lawsuit after a judge granted its request to intervene. Evanston had planned to file a motion to dismiss the government's complaint.

The program provides $25,000 in direct housing benefits and cash payments to Black residents and their descendants. Eligibility is limited to those who lived in Evanston between 1919 and 1969. The city approved the plan in 2019, making it the first U.S. municipality to do so. The initiative is funded by a local cannabis tax that generates $10 million over ten years.

DOJ prosecutors argue the program violates federal law. Their complaint states that the distribution of taxpayer benefits based strictly on race and ancestry breaches the Equal Protection Clause of the 14th Amendment. They also claim it violates the Fair Housing Act. A DOJ spokesperson said the city intends to file a motion to dismiss, but the department will oppose that move.

Attorney Precious S. Jacobs-Perry, who represents Evanston, confirmed the city's intent to file the motion. She stated that the city will not back down on its program. Mayor Daniel Biss, a Democrat, previously told CNN in June that the initiative was designed to address a wealth gap and pay a debt.

U.S. District Judge John F. Kness denied Evanston's earlier attempt to dismiss the underlying lawsuit. That suit was filed by the conservative watchdog group Judicial Watch. The group is representing six non-Black individuals who lived in or had ancestral ties to Evanston during the qualifying era. These plaintiffs were barred from applying for the payments due to their race.

Judicial Watch attorney Michael Bekesha called the $25,000 payments blatantly unconstitutional. He noted that the city already failed to dismiss the group's original lawsuit. Bekesha said he does not expect the city's new effort to dismiss the Justice Department's complaint to succeed. He added that the group will continue fighting to end the program regardless of the federal case's outcome.

Cynthia Vargas, a spokesperson for the city, said Evanston does not comment on pending litigation. She stated that the city will continue to vehemently defend its reparations program against any legal challenges.