Suburban police navigating conflicting state, federal directives on immigration crackdown

Suburban police leaders said they will thread the needle in the coming weeks amid friction between state and federal authorities on mass deportations launched by President Donald Trump, including arrests in the Chicago area.

Illinois’ TRUST Act prohibits law enforcement agencies from assisting U.S. Immigration and Customs Enforcement officers with some exceptions, such as when federal criminal warrants are involved.

But last week, a top U.S. Department of Justice official warned state and local police they must comply with federal immigration enforcement initiatives or face consequences.

Illinois Attorney General Kwame Raoul disagreed, saying the Constitution protects states from being commandeered to enforce federal laws.

Asked how police will navigate conflicting directives, Addison Police Chief Roy Selvik said he anticipates legal questions related to federal law versus state law to continue.

“Our current policy mirrors the TRUST Act and state law, and our agency will continue to operate under the guidance and recommendations set by the Illinois attorney general's office,” he said.

“We have great relationships with our federal partners at Homeland Security and I don't anticipate those relationships to change under the new administration, however, until we have a clear set of legal guidelines, our agency will continue following state law and the TRUST Act,” Selvik added.

In Cook County, “existing state law and local ordinance prescribe our office’s responsibilities regarding federal immigration regulatory programs,” said Matthew Walberg, communications director for Sheriff Tom Dart.

“Those laws remain in place. We will continue to follow all local, state, and federal laws.”

U.S. Immigration and Customs Enforcement officials said Sunday about 1,000 arrests had been made across the U.S. The agency is working with other agencies like the FBI, U.S. Marshals Service, and Drug Enforcement Administration in Chicago on “keeping potentially dangerous criminal aliens out of our communities,” officials said.

The Department of Justice memo said authorities would investigate any “misconduct” involving obstruction or noncompliance for potential prosecution.

Elgin City Manager Rick Kozal said in a statement to the Daily Herald that the city “operates in compliance with all state laws,” including the TRUST Act. And the “city respects the jurisdiction of federal agencies operating within Elgin and does not interfere or impede in any of their lawful actions.”

However, Kozal noted the DOJ memo “is at odds with the Illinois TRUST Act.” As a result, Elgin will continue following guidance from Raoul “on Illinois laws governing local law enforcement actions with immigrant communities,” he explained.

Meanwhile, immigrant advocates say they fear ICE will go beyond removing violent felons and deport undocumented residents who have lived in the U.S. for years, holding jobs and raising families.

In a statement, Raoul and 10 other state attorneys general pledged to respond if the DOJ was to retaliate against police and to interfere “with their ability to build trust with the communities they serve and protect.”

Amid rumors of ICE activity in Mundelein, the village released a statement Monday saying its police department will not participate in federal immigration enforcement.

“Furthermore, the police department intends to continue to collaborate with local leaders, schools, businesses, community groups, and places of worship to educate and assist them in protecting their interests,” reads the statement, which was posted on Facebook and the village’s website in both English and Spanish.

Lake County Sheriff’s Deputy Chief Christopher Covelli said the TRUST Act is binding law in Illinois and the agency’s authority “does not allow us to enforce federal law.”

“Federal law violation cases can only be enforced by those empowered with the authority to enforce federal statutes,” Covelli added. “That said, we do not intentionally obstruct the federal government from conducting their duties. We must always adhere to the law. We follow state and federal law and while we enforce state law, we do not have any authority to enforce federal law.”

Naperville Police Department officials said the agency “is committed to providing police services to all members of our community, regardless of citizenship status.

“Our primary responsibility is enforcing criminal laws, and we remain dedicated to that mission. Immigration enforcement is the jurisdiction of federal authorities, and local law enforcement’s involvement is regulated by state law.”