The U.S. Department of Justice (DOJ) filed a motion on June 16, 2026, to intervene in a federal lawsuit challenging a reparations program in Evanston, Illinois. The DOJ argues that the program, which provides housing-related benefits to certain Black residents and their descendants, violates the Constitution by distributing benefits based on race and ancestry.
The lawsuit, titled Flinn v. City of Evanston, was initiated by the conservative group Judicial Watch in May 2024. The DOJ claims that the program's eligibility criteria breach the Equal Protection Clause of the 14th Amendment and the federal Fair Housing Act. Additionally, federal attorneys allege that the city did not cooperate with a civil rights investigation following a DOJ notice in March.
Harmeet Dhillon, an assistant attorney general for civil rights, stated that the program improperly allocates government benefits based on race and ancestry. Acting Attorney General Todd Blanche certified the case as one of public importance, allowing for federal intervention to enforce the Fair Housing Act.
U.S. Attorney Andrew S. Boutros emphasized that government classifications based on race are typically unconstitutional, asserting that the Constitution requires treating citizens as individuals rather than as members of a racial class. The DOJ's filing follows a federal judge's decision to allow the lawsuit to proceed after rejecting Evanston's motion to dismiss.
Evanston officials, including Mayor Daniel Biss, maintain that the reparations program is lawful and are confident it will withstand judicial scrutiny. The nonprofit FirstRepair, which administers the reparations funds, criticized the DOJ's intervention as an unfortunate escalation but not unexpected. Judicial Watch President Tom Fitton supported the DOJ's involvement, labeling the program as a race-based government benefit scheme.