'ICE Will Come?' Not Quite: What To Know About IL Immigration

ACROSS ILLINOIS — The week of the Trump administration's planned federal immigration raids is coming to a close, with few incidents reported so far in Illinois. The unprecedented raids by the Immigration and Customs Enforcement agency — unprecedented because such raids are typically not announced ahead of time — were planned for 10 major U.S. cities, including Chicago. While a few ICE sightings were reported on Chicago's northwest side, with more false alarms than confirmed incidents, it appears the Department of Homeland Security has dropped plans for large sweeps in favor of small-scale arrests.

But large or small, the raids have left plenty of questions and rising tensions in their wake.

As of Thursday, Chicago activists confirmed at least one sighting of ICE agents on the city's northwest side and documented a surge in calls and reports that came through to hotlines from people asking about their legal rights or reporting ICE activity. Immigrants rights organizations said they are still working to confirm information, and it's not yet clear whether any arrests have been made. Other reports of ICE agents in suburban Cicero, Bolingbrook and Waukegan were unfounded.

In the midst of heightened fears over the raids, a viral video Tuesday captured a white gas station attendant's verbal attack on Hispanic customers — as well as an apparent misunderstanding of what ICE is and does. The video, filmed at a Bucky's Mobil gas station in Naperville, shows the worker telling Hispanic customers to "go back to their country," adding that "ICE will come" for them. The incident drew national attention and protests to the affluent, bedroom community just outside Chicago.

But will ICE come? Not likely. Federal immigration laws are complex and further complicated by state regulations that limit law enforcement agents from cooperating with ICE. For example, law enforcement agencies in 21 states, including Wisconsin, participate in the federal 287(g) program that allows local law enforcement officials to identify and remove undocumented residents from the country. Illinois, however, prohibits participation in the program, with the state's laws intended "to create a firewall" to "protect Illinois' immigrant families," according to Gov. JB Pritzker.

Here's a look at what's happening in Illinois and what all residents need to know:

Who is being targeted by ICE? The White House confirmed last week that at least 2,000 undocumented immigrants with final deportation orders would be taken into custody during raids that began across 10 cities nationwide this week. Acting ICE director Matt Albence confirmed the planned raids last Sunday on Fox News. However, children, other immigrants and possibly citizens could be swept up as "collateral" during the actions, according to the New York Times and other news sources.

Is it a crime to be in the United States without documentation? No. Immigration matters are matters of federal civil law, not criminal law. The U.S. Supreme Court wrote in 2012 that "it is not a crime for a removable alien to remain present in the United States." That means someone cannot be arrested just for being in the country without having papers or for being slated for deportation. They also cannot be arrested based on citizenship or status.

Do immigrants have rights? Yes. They include due process and equal protection under the Constitution. The state of Illinois offers immigrants tip sheets to help them understand those rights.

When can ICE detain someone? People who agents can detain include immigrants who have committed crimes, those with outstanding deportation orders and those who have missed immigration hearings.

Can police in Illinois cooperate with ICE agents who attempt to detain people in the state? No. On July 12, Attorney General Kwame Raoul reminded law enforcement agencies that new changes to Illinois laws prohibit engaging in immigration enforcement. The laws include the Illinois Trust Act, the Keep Illinois Families Together Act and other case law.

What else do I need to know about Illinois law? Illinois is the first state in the nation to ban private civil detention centers, a move that took effect June 21. It has already banned private criminal detention centers.

What do my legislators say?

U.S. Rep. Adam Kinzinger of Channahon (R): "When it comes to reform, we must be able to have a discussion about how people living here illegally can come out of the shadows to pay taxes, learn English, and contribute to the system from which they currently benefit. The United States is a nation made up of immigrants and I support commonsense updates to the laws and regulations by which people legally enter our country. However, in order to address comprehensive immigration reform in a meaningful way, we must ensure our borders are secure."

U.S. Sen. Dick Durbin of Chicago (D):

U.S. Rep. Sean Casten of Downers Grove (D):

State Rep. Chris Miller of Oakland (R): “To say that we’re going to not cooperate with federal agents to deal with illegal immigrants is a violation of the law and I think that, I don’t know, I think the consequences of this can be most severe.”

What should immigrants know if ICE stops them? The Illinois Coalition for Immigrant and Refugee Right, the ACLU and other organizations offer tip sheets that explain what undocumented people need to know. The National Immigration Law Center also offers visual samples of judicial and administrative warrants so people can learn the difference. Only judicial warrants permit ICE agents to enter a home.

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