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HomeMy WebLinkAbout25-196 Resolution No. 25-196 RESOLUTION PROHIBITING THE USE OF CITY PROPERTY FOR FEDERAL CIVIL IMMIGRATION ENFORCEMENT ACTIVITIES WHEREAS,the City of Elgin is committed to the principle that all people in Elgin can live with respect, safety, and dignity regardless of immigration or citizenship status, and to fostering a safe,inclusive, and welcoming community for all residents and visitors,regardless of immigration status; and WHEREAS, the City of Elgin is home to a rich and diverse population whose residents- regardless of national origin or language-contribute to the City's economic strength, cultural vibrancy, and civic life; and WHEREAS, immigrants and their families have helped build and sustain City of Elgin's economy, schools, and neighborhoods, making essential contributions to business, public service, and community life; and WHEREAS, the City Council for the City of Elgin affirms that all people, regardless of immigration status, are entitled to dignity, due process, and equal protection under the United States Constitution; and WHEREAS, reports and community accounts have documented aggressive Immigration and Customs Enforcement (ICE) actions in Illinois communities, including near schools and workplaces, creating fear and trauma among residents; and WHEREAS, such federal agents have used publicly-owned parking lots, vacant lots, garages, and other facilities as staging sites for civil immigration enforcement operations; and WHEREAS, the corporate authorities of the City of Elgin have taken notice of increasing threats to the City of Elgin's immigrant communities under the current federal administration; and WHEREAS, the Illinois Trust Act (5 ILCS 805/1 et seq.) establishes limitations on state and local law enforcement cooperation with federal immigration enforcement to protect community trust and public safety; and WHEREAS, the Trust Act limits the use of City resources for federal civil immigration enforcement purposes, including use of City facilities like parking lots, vacant lots, and garages for federal civil immigration enforcement staging areas,processing locations,or operations bases; and WHEREAS, chapter 13.10 of the Elgin Municipal Code provides that "[n]o person shall enter or remain upon the premises of any city-owned parking structure or parking lot other than to park or retrieve a motor vehicle," and would therefore generally prohibit the use of City-owned 1 parking structures and parking lots for uses or activities such as staging areas,processing locations, or operations bases; and WHEREAS, use of City facilities in federal civil immigration enforcement operations would not only be contrary to the legislative purpose of the Trust Act but would interfere with the City's authority and control over its own resources, property, and personnel; and WHEREAS, the City Council finds that the use of City-owned property and resources for civil immigration enforcement activities unrelated to criminal investigations may undermine public trust, discourage residents from seeking assistance or reporting crimes, disproportionately target individuals based on race, ethnicity, or perceived immigration status, and interfere with the City's mission to serve the entire community effectively; and WHEREAS, the City of Elgin desires to clarify that its properties and resources shall not be used for federal civil immigration enforcement actions unless required by applicable federal or state law or pursuant to a valid court order; and WHEREAS, the City of Elgin, as a home rule unit of local government pursuant to Article VII, Section 6 of the Illinois Constitution of 1970, may exercise any power and perform any function pertaining to its government and affairs, including the regulation and management of its own property and facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE COUNTY, ILLINOIS,AS FOLLOWS: Section 1: Recitals. That the foregoing recitals are found as fact and incorporated herein by reference. Section 2. Purpose. The purpose of this resolution is to ensure that City-owned properties, facilities, and resources are not used to support or facilitate civil immigration enforcement activities, except as required by law,and to promote public trust and safety within the City of Elgin. Section 3. Definitions. For the purposes of this resolution, the following definitions apply: A. "City-owned property" means any land, building, structure, facility, or other real property owned, leased, operated, or controlled by the City of Elgin, including City offices, parks, and other municipal facilities. B. "Civil immigration enforcement" means any investigation, arrest, detention, or surveillance conducted for the purpose of enforcing federal civil immigration laws, including but not limited to actions by the United States Immigration and Customs Enforcement (ICE) or United States Customs and Border Protection (CBP) relating to alleged violations of the Immigration and Nationality Act that are civil in nature, and 2 any other activities,whether lawful or unlawful,that are undertaken pursuant to a claim of purported civil immigration enforcement authority. C. "Illinois Accountability Commission" means that commission established by Illinois Governor J.B. Pritzker through Executive Order 2025-06, dated October 23, 2025, which commission's stated purpose is in part to create a public record of the conduct of federal agents through the gathering of information and documentation of the actions of federal law enforcement and the impact of those actions. D. "Judicial warrant" means a warrant based on probable cause and supported by oath or affirmation, and signed by a federal or state judge or magistrate authorizing law enforcement to take a specific action, such as entry, search, or arrest. E. "Staging area"means an area that is used to assemble, mobilize, and deploy personnel, vehicles, equipment, or materials, for any purpose arising out of or related to civil immigration enforcement operations. Section 4. Regulations Relating to City Properties. The following policies and procedures with respect to City-owned property and facilities,and other properties within the City: A. Prohibition on Use of City of Elgin Parking Lots,Vacant Lots,Garages,and Other City- Owned Property. No City-owned and controlled building, parking lot, vacant lot, garage, buildings, including interior and exterior areas of any parcel upon which a building is located,or other City-owned property shall be used as a staging area, processing location, operations base, or other support for civil immigration enforcement. Prohibited uses include but are not limited to assembling, mobilizing, or deploying vehicles, equipment, materials, or personnel for the purpose of carrying out civil immigration enforcement operations. B. Implementation and Enforcement. 1. City departments and agencies shall collaborate to identify City-owned and controlled parking lots, vacant lots, garages, buildings, and other City-owned property that could be used as a staging area, processing location, operations base, or other support for civil immigration enforcement. 2. City departments and agencies shall ensure that all such properties have clear signage in English and Spanish stating substantially as follows: "This property is owned and controlled by the City of Elgin. It may not be used for civil immigration enforcement, including use as a staging area, processing location, or operations base." Such signage shall also incorporate a QR code that will translate the sign into other languages. 3. Where available and appropriate, City departments and agencies may utilize physical barriers such as locked gates to limit access to City-owned and controlled 3 parking lots, vacant lots, garages, buildings, or other property consistent with this resolution and in conjunction with proper signage. 4. Any City employee or agent who becomes aware of the attempted or actual use of a City-owned and controlled parking lot, vacant lot, garage, buildings, or other property as a staging area,processing location,operations base,or other support for civil immigration enforcement shall immediately report the same to their supervisor, who shall immediately report to the City Manager or designee. 5. The City will respond to reports of incidents involving individuals claiming to be federal agents just as it would respond to any other incident report. An Elgin Police Department supervisor will respond to any reported incidents involving federal agents. Upon arrival, the supervisor will conduct an initial assessment and determine whether there is a basis to find that City-owned property is being used in violation of this resolution. The responding supervisor will document the investigation in a report. 6. The City Manager or his designee will review any incidents and reports and take appropriate action, which may include reporting to and coordinating with the Illinois Accountability Commission. If it is determined that federal agents have used or are using City property in violation of this resolution, the City will investigate the violation(s)and,if necessary,seek a court order requiring the federal agents to vacate the property and/or to prohibit further entry onto the property. The City will partner with state and local agencies, including the Illinois Secretary of State, the Illinois Accountability Commission, and the Cook County and/or Kane County State's Attorney's Offices,to report and record violations of state and local laws. 7. The City Manager or his designee will report to the City Council every six (6) months regarding any incidents and reports that were received by the City under this resolution, and any actions that were taken by the City with respect to such incidents and reports including, but not limited to, any reports made by the City to the Illinois Accountability Commission. C. Other Units of Government Property. In the event that another unit of local government within the corporate limits of the City of Elgin has adopted a resolution substantially in the form of this resolution establishing restrictions on such unit of local government's property and has posted signage at those properties, the City shall respond to and investigate reports of incidents at such properties consistent with the provisions of this resolution with respect to city-owned properties. In the event that it is determined that such properties of local governments have been used in violation of a unit of local government's resolution, the City will cooperate with such unit of local government in seeking a court order or pursuing other actions to enforce the same. 4 D. Private Property Signage. The City shall design and print standardized signage that private landowners and leaseholders may display to delineate the non-public areas of the property in which the landowner or leaseholder wishes to restrict activities related to civil immigration enforcement.The City will make this signage available free of charge to private landowners and leaseholders, including but not limited to businesses, medical providers, nonprofit organizations, and faith institutions, who voluntarily decide to so designate their property consistent with their authority over the property and who voluntarily request such signage from the City. The City shall also make this signage available on the City website so that landowners and leaseholders may download and print signs. Landowners and leaseholders who post this signage do so at their own discretion and assume any legal risk associated therewith. E. Scope This resolution does not apply to property that is subject to an existing lease or concession agreement to which the City is a party. This resolution is not intended to, and shall not be interpreted to, interfere with any such lease or agreement. Section 5. Other Prohibitions. No officer, employee, or agent of the City of Elgin shall: A. Grant access to any City-owned property or facility to any federal agency or officer for the purpose of conducting civil immigration enforcement activities, unless such access is required by federal or state law, or pursuant to a valid judicial warrant. B. Permit the use of City resources, including personnel, equipment, databases, communications systems, or vehicles, to assist or facilitate civil immigration enforcement activities, except as required by federal or state law or court order. C. Expend or authorize the expenditure of City funds or other resources to assist in or cooperate with federal civil immigration enforcement activities except where such cooperation is required by federal or state law or court order. D. Enter into any agreement or memorandum of understanding with any federal agency regarding the enforcement of federal civil immigration law, unless specifically authorized by the City Council. Section 6. This resolution does not prohibit the lawful use of City-owned and controlled property for purposes other than a staging area,processing location,operations base,or other support for civil immigration enforcement, nor does it restrict any person or entity from 5 carrying out functions unrelated to those purposes on such property. In addition, nothing in this resolution shall be construed to: A. Restrict or interfere with the execution of lawful judicial warrants or the enforcement of criminal law, nor limit the rights of any person or entity under state or federal law; B. Prohibit the City or its personnel from complying with a lawful court order, judicial warrant, or other requirement expressly imposed by federal or state law, regulation, or court order; C. Restrict City employees from cooperation with federal law enforcement or participation in criminal investigations or public safety activities unrelated to civil immigration enforcement; or D. Prevent voluntary information sharing where such sharing is required to comply with state or federal law. E. Prohibit actions necessary to ensure the safety and security of City facilities or personnel. Section 7. City staff is directed to draft and issue a public statement describing the requirements and prohibitions set forth in this resolution, and providing information to the public on how to report potential violations of this resolution to the City. Section 8. This resolution shall be in full force and effect from and after its passage and approval in the manner provided by law, and shall remain in full force and effect until further action by the City Council. This resolution shall be translated into Spanish. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2025 Adopted: November 19, 2025 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 6