Downers Grove To Discuss Proposal To Monitor Federal Immigration Activities

DOWNERS GROVE, IL — On Tuesday, the Downers Grove Village Council will discuss proposed measures that would monitor federal immigration activity within the village. The discussion comes after Commissioners Leslie Sadowski-Fugitt and Rob Roe proposed the item for new business at the Dec. 9 council meeting.

Per village documents, the resolution states:

"Proposal to Monitor Federal Immigration Activities. More specifically to: 1) consider prohibiting U.S. Border Patrol and ICE staging on Village property; 2) consider directing the Police Department to respond to any call, including to the non-emergency DGPD line, from a Downers Grove community member that witnesses immigration enforcement and is concerned about his/her safety or the safety of others and to obtain records of federal agents conduct that may constitute any potential constitutional violations; and, 3) encourage federal and state legislatures to pass meaningful legislation requiring U.S. Border Patrol and ICE agents to be clearly identified and restricting the use of masks when conducting civil immigration enforcement."

Ahead of Tuesday's meeting, village staff had been directed to gather information to support the discussion. This included a survey that was distributed to members of the DuPage Mayors and Managers Conference (DMMC).

The survey questions were as follows:

"Has your Board/Council taken any actions related to Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) activities?"

"Has your municipality discussed taking actions and ultimately decided not to?"

Of the 17 municipalities that responded, Addison, Bolingbrook, Elmhurst and Carol Stream said they had discussed such action, but that no action had been taken at the time of the survey.

Village staff also reviewed other municipalities in Will, Kane and Cook Counties, enumerating whether an ordinance had been established, a statement had been made and/or resources had been made accessible to residents regarding federal immigration enforcement.

On Sept. 17, the Village of Downers Grove released the following statement.

The Village of Downers Grove understands there may be questions about the role of the Downers Grove Police Department in federal immigration enforcement activity. Illinois law directly addresses this issue through the Illinois TRUST Act. The Downers Grove Police Department complies fully with all State and federal laws, including the TRUST Act.

As noted on the Office of the Illinois Attorney General website, the TRUST Act generally prohibits local law enforcement in Illinois from participating in immigration enforcement. The focus of local law enforcement is on community safety, not immigration status.

Key components of the Illinois TRUST Act include:

1. Local police departments, including Downers Grove, do not have the authority to enforce federal civil immigration laws
2. The law prohibits local law enforcement agencies from treating individuals in their custody differently on the basis of their citizenship or immigration status.
3. Local police cannot stop, arrest, search or detain an individual based on citizenship or immigration status.
4. Officers may not detain or hold someone solely on the basis of an immigration detainer or a request from ICE, unless accompanied by a valid court-issued criminal warrant.
5. The TRUST Act only permits law enforcement to participate in, support, assist, or share information with federal immigration enforcement in two narrow circumstances:
6. When presented with a federal criminal warrant; or
7. When otherwise required by a specific federal law.

The Village of Downers Grove Police Department is committed to serving and protecting every member of our community. Our priority is public safety and building trust with all who live, work, and visit Downers Grove.

The village meeting is scheduled for Jan. 13 at 7 p.m. at Downers Grove Village Hall, 850 Curtiss St.