Following a discussion on Monday, the Kane County Board moved to limit immigration enforcement actions on county property in response to President Donald Trump’s administration’s immigration crackdown.
In doing so, it joins nearby cities like Aurora and Batavia and counties such as Cook, Will and Lake, all of which have enacted similar restrictions in the wake of the Trump administration’s surge of immigration law enforcement in Chicago and its suburbs dubbed “Operation Midway Blitz.”
It is also the second major immigration-related action the board has taken in recent weeks. Earlier this month, the board gave the green light
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to a measure expressing support for immigrant rights in the county and calling on the state and federal government to prohibit immigration enforcement at sensitive locations and enact immigration reforms.The measure approved Monday, however, seeks to prohibit federal agents from using county property — parking lots, vacant lots and garages — for staging, processing or as an operational base for civil immigration enforcement. The idea was discussed by the board at its meeting last week before coming for approval on Monday.
The proposed measure was brought forward by Kane County Board member Myrna Molina, who said at the meeting that she believes it “reflects our shared commitment to safety, dignity and responsible government in Kane County.”
The resolution’s text distinguishes civil immigration enforcement as being distinct from criminal enforcement operations or the execution of judicial warrants, which would not be prohibited on county property.
The measure dictates that signage will be posted at county properties indicating that the facilities can’t be used for staging, processing sites or operational bases.
And it enables any county department employee or agent who learns of attempted or actual use of county properties for these purposes to report it to their supervisor, who will report it to the County Board Office.
Per the resolution, the Kane County Board chair or a designee will document and maintain records of any unauthorized attempts to use county property for civil immigration enforcement activity and related staff reports. They will also be responsible for making sure policies and signage remain consistent with state law, and for providing required reports or cooperation to the Illinois Accountability Commission, a panel established in October by Gov. JB Pritzker meant to track and scrutinize the federal administration’s actions and to in the future hold federal officials and employees accountable.
The measure also cautions that it does not “interfere with valid leases or agreements involving county properties,” “restrict the execution of lawful judicial warrants or criminal law enforcement” or “prevent authorized use of county properties for lawful purposes.”
A few residents spoke in support of the measure at Monday’s meeting, as did some county board members, though a few board members expressed their disagreement or concerns with it.
Board member Jon Gripe, for example, said the board needs to be clear on what the measure does and doesn’t do, and noted that he’s concerned residents will misunderstand it and “take actions that could put our own law enforcement, our Sheriff’s (Office) in jeopardy because they’re trying to keep people from doing other things.”
In response, board member Michelle Gumz said the measure only says federal agents can’t use county property for staging, and questioned concerns about local officers’ safety.
“The argument that this may put our local law enforcement at risk, I doubt that because I’m seeing them at risk everyday with the nonsense that’s occurring right now,” Gumz said.
Board member Mavis Bates expressed a similar sentiment, claiming that the resolution would make local officers feel safer.
Several other board members also expressed their support for the legislation. Board member Deborah Allan, for example, spoke of the country’s interest in law and order, and how the country thinks of itself as “mov(ing) against people with warrants or probable cause.”
“One of the sad things here is that we’re not seeing law and order,” she said of the recent immigration enforcement actions, “and that’s what we pride ourselves on.”
Board member David Young, on the other hand, was critical of the measure.
Young asked about how the county would enforce the resolution and said the penalty for violations of it was unclear, and said that the measure effectively impedes the actions of federal officers despite claiming that it does not intend to do so.
He also expressed disagreement with the limitation itself, saying federal agents “should have a safe place to go” and pointing to, for example, the Sheriff’s Office as “a great place for … them to assemble.”
Kane County State’s Attorney Jamie Mosser later explained that the state’s Trust Act — which generally prohibits state and local law enforcement from getting involved in deportation efforts with U.S. Immigration and Customs Enforcement or other federal policing agencies dealing with immigration matters — would mean the Sheriff’s Office cannot allow federal agents to use its facilities for civil immigration enforcement purposes.
Mosser also clarified, to a point made by Young, that civil immigration enforcement — which is what the resolution aims to limit on county property — is when a person is in the U.S. legally but overstays, meaning they are subject to fines or deportation. Criminal immigration enforcement, on the other hand, refers to things like illegal entry or reentry after a person has been removed from the country already, which can lead to criminal charges and often involves a criminal judicial warrant.
“What (the measure) stops the federal government from doing is commandeering our property,” Mosser said. “Frankly, nobody can commandeer our property without our permission to do so.”
On the question of enforcement, Mosser emphasized that it would not be the Kane County Sheriff’s Office, for example, responding to reports of violations, but rather reports being made by the county board to the state accountability commission.
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The measure ultimately passed in a split vote, with board members Gripe, Young and Bill Roth voting against it and Clifford Surges abstaining.
The resolution is set to go into effect Dec. 1.