January 26, 2024

The Honorable Brandon Johnson

Mayor
City of Chicago
121 N. LaSalle Street
Chicago, IL 60602

Dear Mayor Johnson:

As members of the U.S. Senate Committee on Commerce, Science, and Transportation

(Committee), we write regarding the housing of illegal aliens1 at Chicago’s O’Hare International
Airport (O’Hare). Since at least June of 2023, the city of Chicago has been housing illegal aliens
at the Bus and Shuttle Center area of Terminal 1.2 More recently, the city has expanded this
footprint to accommodate the housing of even more illegal aliens, relocating courtesy shuttle
pick-ups for actual travelers to an entirely different terminal.3 According to public reporting, the
city of Chicago is now utilizing Midway International Airport to house illegal aliens, too.4

Over the last 75-plus years, the federal government has invested hundreds of billions of dollars in
the development of a robust, nationwide public-use airport system to facilitate the “growth of
aviation and the requirements of interstate commerce . . . and the national defense.”5 As the
Federal Aviation Administration (FAA) states, there are several obligations that come with
receiving this federal assistance, but the “[m]ost important is that the airport and its facilities

1
As used in this letter, the term “illegal alien” means an alien, as defined in §101 of the Immigration and Nationality
Act (INA), who has not been admitted as that term is defined in such section.
2
Sophia Tareen & Melissa Perez Winder. “Hundreds of Migrants Live Inside O'Hare Airport as Chicago Grapples
with How to House Them.” Fox32Chicago. October 2, 2023. Available at
https://www.fox32chicago.com/news/migrants-ohare-airport.
3
“O’Hare Courtesy Shuttles Moving to Terminal 2 starting Feb. 1.” Chicago Department of Aviation. January 4,
2024. Available at https://www.chicago.gov/city/en/depts/doa/provdrs/dbata/news/2024/january/01042024.html;
“Bergquam: ‘More Than Half of the Shuttle Terminal Has Been Taken Over at O’Hare International Airport to
House Illegals That Chicago Can’t Handle.’” Chicago City Wire. January 19, 2024. Available at
https://chicagocitywire.com/stories/652915809-bergquam-more-than-half-of-the-shuttle-terminal-has-been-taken-
over-at-o-hare-international-airport-to-house-illegals-that-chicago-can-t-handle.
4
Sophia Tareen & Melissa Perez Winder. “Chicago is Keeping Hundreds of Migrants at Airports while Waiting on
Shelters and Tents.” AP News. October 1, 2023. Available at https://apnews.com/article/migrants-immigration-
airports-asylum-chicago-1399cc2447f89fdd3ed7b650ca84bbf5.
5
Airport and Airway Improvement Act of 1982 (PL 97-248).
 The Honorable Brandon Johnson
January 26, 2024
Page 2 of 6

must be available for public use as an airport.”6 Repurposing airport facilities and infrastructure
to house illegal aliens not only degrades taxpayers’ investment in the national airport system but,
at least in the case of O’Hare, as federally-funded airport facilities are withdrawn from public
access and use, it violates the requirement that these federally funded facilities “be available for
public use as an airport.”7 No rational person would define an airport as a facility that houses
illegal aliens.

Since 1985, Chicago has publicly flouted federal law as a self-declared “sanctuary city.”8 In
recent years, despite waning public support, city leaders such as former mayor Lori Lightfoot
doubled down on the sanctuary city status, rescinding a 2012 exception for public safety.9 The
decision to remain a sanctuary city has proven contentious for Chicago. According to a poll of
Chicagoans conducted early last year, “most” Chicagoans would prefer to end the sanctuary city
status—including an “overwhelming” majority of minority voters.10 In December of 2023, the
City Council even went so far as to vote down adding a referendum to Chicago’s 2024 ballot on
its sanctuary city status—an outcome you publicly celebrated, describing the proposed ballot
measure as “irresponsible and negligent.”11

You have consistently promoted Chicago’s status as a sanctuary city, insisting that “Chicago
must lead with and live by the promise to be a sanctuary city,” all while working overtime to
avoid making good on such platitudes.12 Just recently, you characterized the sending of illegal
aliens to Chicago as “sow[ing] seeds of chaos,” implied Texas Governor Greg Abbott is
motivated by racial animus and that his voluntary transportation program for illegal aliens to
sanctuary cities is “attacking . . . cities that are being led by black leaders or leaders of color,”
and demanded the federal government and the American taxpayer pick up the bill for Chicago’s
decision to flout federal law.13

6
“AC 150/5190-8, Minimum Standards for Commercial Aeronautical Activities.” Federal Aviation Administration.
December 7, 2023. Available at https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC-150-5190-8-
minimum-standards.pdf.
7
Id. (emphasis added).
8
Executive Order 85-1. Office of the Mayor Harold Washington. City of Chicago. March 7, 1985. Available at:
https://chicityclerk.s3.us-west-2.amazonaws.com/s3fs-public/reports/Executive%20Order%201985-85-1_0.pdf.
9
“What Does It Mean That Chicago Is a Sanctuary City? Here’s What to Know.” WTTW News. October 20, 2023.
Available at https://news.wttw.com/2023/10/20/what-does-it-mean-chicago-sanctuary-city-here-s-what-know.
10
“Most Chicagoans prefer to end 'sanctuary city' status.” ABC7 Chicago. October 6, 2023. Available at
https://abc7chicago.com/sanctuary-cities-in-illinois-chicago-migrants-city-m3-strategies/13872569/.
11
“Chicago City Council sanctuary city referendum roundly defeated.” ABC7 News Chicago. December 14, 2023.
Available at https://abc7chicago.com/migrants-in-chicago-city-council-meeting-sanctuary-mayor-brandon-
johnson/14181793/.
12
Johnson, Brandon. “Brandon4Chicago.” “Chicago must lead with and live by the promise to be a sanctuary city.
Longtime Chicagoans don't have to lose for new arrivals to gain — there's enough space at the table for all of us to
sit and eat. Immigrants are welcome here.” X. March 10, 2023. Available at
https://twitter.com/Brandon4Chicago/status/1634356474926321664.
13
“Chicago Mayor Accuses Texas Governor of Sowing ‘Seeds of Chaos’ After Migrant Plane Lands Overnight.”
The Messenger. December 31, 2023. Available at https://themessenger.com/politics/chicago-mayor-brandon-
 The Honorable Brandon Johnson
January 26, 2024
Page 3 of 6

Your decision to house illegal aliens at O’Hare is even more curious considering Chicago has
been in a contentious months-long dispute with tenants United Airlines and American Airlines
regarding the future of a new terminal more than $1.5 billion over budget. As the Chicago
Tribune noted in an editorial last year, at O’Hare the cost per enplaned passenger (CPE)—
essentially a measure of how expensive it is for an airline to use an airport—was nearly $26 even
before the new terminal project. By comparison, the CPEs at Dallas-Fort Worth and Charlotte
were roughly $12 and $4, respectively.14 It should be no surprise then that airlines are
questioning your city’s ability to support this “global terminal” project, given that it is already
over budget before construction has started and, instead of finding agreement on a path forward
for the new terminal, Chicago continues to convert its existing terminal and ancillary facilities
into housing for illegal aliens.15 The city has previously stated the $12 billion project—originally
estimated to cost $8.7 billion—will be funded by airline taxes and landing fees.16 In the context
of the ongoing contract dispute, your efforts to blame everyone but President Biden for the tens
of thousands of illegal aliens coming to Chicago, and your demand for billions of dollars from
American taxpayers, some may wonder whether your “openly anti-capitalist administration,” as
the Chicago Tribune put it,17 is trying to squeeze more money out of United and American as
you struggle to offset the costs of being a sanctuary city.

The Standing Rules of the Senate provide the Committee the authority to “review and study, on a
continuing basis” matters related to transportation including aviation.18 In our capacity as
members of the Committee, we are committed to robust oversight of the U.S. aviation system,

johnson-migrants-texas-chaos; “Johnson: Texas Governor Is Sending Illegals to Chicago Because He Is Black.”

Chicago City Wire. January 8, 2024. Available at https://chicagocitywire.com/stories/653575088-johnson-texas-
governor-is-sending-illegals-to-chicago-because-he-is-black; “Mayor Brandon Johnson in D.C. to Push for $5B in
Federal Funding for Migrants.” CBS News. November 2, 2023. Available at
https://www.cbsnews.com/chicago/news/chicago-mayor-in-d-c-in-push-for-federal-funding-amid-migrant-crisis/.
14
“Editorial: When It Comes to Chicago’s Vital O’Hare Airport, United and American Airlines Hold the Cards.”
Chicago Tribune Editorial Board. December 1, 2023. Available at
https://www.chicagotribune.com/opinion/editorials/ct-editorial-ord-chicago-ohare-global-gateway-american-united-
airlines-20231201-pdiugr6eczd4djmwcjto36tcgi-story.html.
15
“American, United Want Out of Deal to Modernize Chicago O’Hare.” View From the Wing. December 2, 2023.
Available at https://viewfromthewing.com/american-united-want-out-of-deal-to-modernize-chicago-ohare/.
16
“As O’Hare Expansion Price Tag Climbs, Airport’s Two Biggest Carriers Want Project Scaled Back – or
Grounded.” Chicago Sun-Times. November 28, 2023. Available at https://chicago.suntimes.com/city-
hall/2023/11/28/23979601/ohare-expansion-united-american-airlines-global-international-terminal-gates-flights-
chicago.
17
“Editorial: Whatever United Airlines Is Planning, Chicago Has to Take Charge Now.” Chicago Tribune Editorial
Board. January 8, 2024. Available at https://www.chicagotribune.com/opinion/editorials/ct-editorial-united-airlines-
headquarters-chicago-20240108-ucbzqltjfrb2rbvzsyf3ijrf54-story.html.
18
S. Rules XXV(1)(f), XXVI(8)(a)(2).
 The Honorable Brandon Johnson
January 26, 2024
Page 4 of 6

which includes airports receiving federal funding. As such, please provide written responses to
the questions below no later than February 9, 2024:

1. Regarding housing or otherwise locating illegal aliens19 at O’Hare:

a. How many are located or being housed at Terminal 1 and the Bus and Shuttle
Center, as of the date of this letter?

b. Has O’Hare assessed the maximum number that can be housed in these areas
before creating a safety or fire hazard? If so, how many?

c. What is the cost per day and total cost to date?

d. Is the Bus and Shuttle Center at Terminal 1 the only location on the city’s airport
grounds where they are housed or otherwise located? If not, please provide the
location and number at each other location.

e. Has it reduced capacity of O’Hare’s Terminal 1 or any other part of the airport, in
any way?

2. Regarding housing or otherwise locating illegal aliens at Midway:

a. How many are located or being housed at Midway as of the date of this letter?

b. Has Midway assessed the maximum number that can be housed in these areas
before creating a safety or fire hazard? If so, how many?

c. What is the cost per day and total cost to date?

d. Where are they housed or otherwise located at Midway? Please include the
number at each location.

e. Has it reduced capacity at the airport in any way?

3. Regarding the sources of funds to pay for costs related to housing or otherwise locating
illegal aliens at O’Hare and Midway:

a. Has O’Hare or Midway used any airport revenue, concessionaire revenue, landing
fees, airline taxes, or other aeronautical or non-aeronautical revenue stream to pay
those costs? Please describe each funding source with specificity.

19
See n. 1, supra.
 The Honorable Brandon Johnson
January 26, 2024
Page 5 of 6

a. What specific Chicago or Illinois agency or department is paying the costs?

b. Has the City of Chicago passed on any of those costs to air carriers?

c. Have any taxpayer funds been used directly or indirectly to pay the costs?

d. For the construction or maintenance of either Terminal 1 or the Bus and Shuttle
Center, were any Passenger Facility Charge (PFC) funds used? If so, please
provide a dollar amount.

e. Have any PFC funds been used to service debt that was incurred to build or
maintain Terminal 1 or the Bus and Shuttle Center?

f. Has the city or the airport taken on any new debt since June of 2023 in order to
pay those costs? If so, does the city intend to use PFC funds to service this debt?

4. Has the city asked for or received any waivers from the FAA to allow for the housing of
illegal aliens at O’Hare or Midway?

5. Did the city or the airport consult with TSA, including on matters of aviation safety and
security, before turning the airport facilities into illegal alien housing?

6. Since the city began housing illegal aliens at O’Hare and Midway, have there been any
incidents involving illegal aliens where a law enforcement response was necessary? If so,
how many incidents, what were the circumstances of the incidents, and what were the
resulting criminal charges if any?

The crisis of illegal immigration brought on by the Biden administration is not just untenable, it
is inhumane. Rather than advocating for border communities alone to shoulder the burden, we
encourage you to use the authorities at your disposal to advocate for border and transportation
security, the enforcement of immigration laws, and consider reversing the illegal immigrant
magnet that is Chicago’s misguided sanctuary city policy.

Thank you for your attention to this matter.

Sincerely,

___________________________ ___________________________
Ted Cruz JD Vance
United States Senator United States Senator
 The Honorable Brandon Johnson
January 26, 2024
Page 6 of 6

___________________________ ___________________________
Todd Young Marsha Blackburn
United States Senator United States Senator

___________________________ ___________________________
Dan Sullivan Ted Budd
United States Senator United States Senator

___________________________
Cynthia Lummis
United States Senator