DOJ challenges Chicago suburb’s $25K reparations payments in court

EVANSTON, Ill. – The U.S. Department of Justice has moved to intervene in a federal lawsuit challenging the City of Evanston’s reparations program, arguing the race-based initiative violates the Constitution and federal housing law.

Complaint filed against Evanston reparations program

The backstory:

In a filing announced Tuesday, the DOJ’s Civil Rights Division said it is seeking to join an ongoing lawsuit that challenges Evanston’s Local Reparations Restorative Housing Program. The program provides eligible Black residents and their descendants with $25,000 in cash payments or housing assistance.

According to the Justice Department, the program is available to Black individuals who lived in Evanston as adults between 1919 and 1969, as well as their children, grandchildren and great-grandchildren. Recipients may use the funds for housing-related expenses or receive direct cash payments.

Federal officials contend the program unlawfully distributes public benefits based on race and ancestry.

“It is illegal”

What they’re saying:

“Simply handing out money based on race, however, is not the answer. It is race discrimination, pure and simple. And it is illegal,” Assistant Attorney General Harmeet Dhillon said.

U.S. Attorney Andrew Boutros for the Northern District of Illinois said the Constitution requires governments to treat individuals equally, regardless of race.

“The Constitution demands that the government treat citizens as individuals, not as members of a racial class,” Boutros said in a statement.

The reparations program was approved by the city in 2019 as part of an effort to address the lasting effects of historical housing discrimination against Black residents. City officials have distributed more than $5 million through the program and plan to provide additional funding as it becomes available, according to the Justice Department.

The federal intervention stems from a lawsuit filed in 2024 by descendants of non-Black residents who lived in Evanston during the same period covered by the program. The plaintiffs allege they were improperly excluded from receiving benefits based solely on race.

A federal judge denied Evanston’s motion to dismiss the case in March, allowing the lawsuit to move forward.

That same month, the Justice Department opened its own investigation into the program under the Equal Protection Clause of the Fourteenth Amendment and the Fair Housing Act. Federal officials said the city declined to cooperate with that investigation.

The Justice Department’s proposed complaint alleges the program violates the Equal Protection Clause by providing benefits based on race and ancestry. It also argues that the housing assistance component violates the Fair Housing Act because it offers housing-related benefits based on race.

Evanston responds

The other side:

In a brief statement, the City of Evanston said it continues to stand by the legality of the program: “The City of Evanston maintains its position on the legality of the Evanston Reparation Program. While we are cognizant of the filing made by the DOJ, the City does not provide comments regarding active litigation.”

What’s next:

The lawsuit remains pending in federal court, and the Justice Department’s request to intervene has not yet been ruled on.