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DOJ Intervenes in Evanston Reparations Lawsuit, Citing Constitutional Concerns

6/17/2026, 5:39:44 AM

Core Event: DOJ Intervention in Evanston Reparations Lawsuit

The U.S. Department of Justice’s Civil Rights Division filed a motion to intervene in *Flinn v. City of Evanston*, a federal suit challenging the city’s Local Reparations Restorative Housing Program. The DOJ alleges the race-based cash payments and housing assistance violate the Fourteenth Amendment’s Equal Protection Clause and the Fair Housing Act.

Program Overview and Legal Challenge

Evanston launched the reparations program in 2019 to address historic housing discrimination. It offers $25,000 in cash or equivalent housing assistance to Black residents who lived in the city as adults between 1919-1969 and to their direct descendants. A 2024 lawsuit by six non-Black descendants claims the race-based eligibility breaches constitutional and statutory protections.

Timeline

  • 2019 – Program adopted.
  • March 2026 – Judge denies city’s motion; DOJ opens investigation.
  • June 16 2026 – DOJ files motion to intervene; Acting AG Todd Blanche certifies public interest.

Data Snapshot

Over $5 million has been paid; 137 of 141 eligible ancestors have received $3.47 million; six non-Black plaintiffs allege race-based exclusion.

Legal and Policy Implications

The case tests constitutional limits on race-based benefits and may shape future municipal reparations and Fair Housing Act interpretation.

Official Statements & Responses

DOJ says the program distributes money based on race and calls it illegal. City spokesperson cites its position on legality. Mayor Daniel Biss says city is reviewing the filing and remains confident in its constitutionality. FirstRepair calls the DOJ move an “unfortunate escalation” and supports the program.

Criticism & Opposition

Judicial Watch President Tom Fitton called the program “blatantly unconstitutional” and praised the DOJ’s involvement as a fight against a “woke, racist program.”

Conflicting Reports & Gaps

Sources differ on the judge’s name—some cite Judge John Kress, others Judge John Kness. The city has not provided evidence linking the reparations to specific past discrimination, a point the DOJ highlights. Details on how the program’s funding and eligibility criteria are justified are absent from public filings.

Verbatim Quotes

  • “Simply handing out money based on race, however, is not the answer. It is race discrimination, pure and simple. And it is illegal.” — Harmeet K. Dhillon, Assistant Attorney General, Civil Rights Division
  • “The Constitution demands that the government treat citizens as individuals, not as members of a racial class.” — Andrew S. Boutros, U.S. Attorney, Northern District of Illinois
  • “We stand behind our first-in-the-nation reparations program, are confident in its constitutionality, and look forward to defending it in court.” — Daniel Biss, Mayor of Evanston
  • “We welcome the court’s decision to allow this historic lawsuit to move forward against this woke, racist program,” — Tom Fitton, President, Judicial Watch
  • “The movement for reparations is, at its core, a movement for justice, accountability and the necessary repair of historical and ongoing harms that shape our nation’s landscape,” — FirstRepair, statement