Elgin resolution bans federal immigration agents from staging, gathering on city-owned property

Elgin City Council members have approved a resolution prohibiting city-owned properties from being used as a staging area, processing location, operations base or other support for immigration enforcement.

The roughly 125 people who packed into the city council chamber Wednesday night erupted in applause after the unanimous vote.

Council member Tish Powell said the move was necessary because of “unprecedented” circumstances with numerous documented instances of masked immigration agents operating in the city.

“We wouldn’t tolerate our local officers behaving the way federal officers are behaving in this town,” Powell said. “The abuse, the disrespect, the aggression, the violence, the total disregard for people’s civil rights, we would not tolerate that. And it floors me that our federal government thinks that this is OK. It’s not OK.”

The city expects to spend just over $47,000 to install 620 signs around the city in parking lots, buildings, parks and other properties identifying them as city-owned and off-limits to being commandeered by federal agents.

Powell and council member John Steffen brought the issue forward last month, and the council directed City Attorney Christopher Beck to research a resolution or ordinance similar to those approved by other Illinois communities.

Beck said he opted to craft a resolution rather than an ordinance because he couldn’t guarantee an ordinance would be constitutional, citing the legal doctrine of “intergovernmental immunity,” which prohibits units of local government from regulating the federal government.

He said adopting an ordinance could place police officers in a “very difficult situation” if they had to enforce it.

“I think that not only (could it) lead to confrontation and possibly officers getting arrested, it could actually violate the law,” Beck said. “They could actually be guilty of a crime themselves.”

He said the resolution could be justified as not regulating the federal government based on the “anti-commandeering doctrine,” an exception under the 10th Amendment that prevents the federal government from commandeering city personnel, resources or property to perform federal functions.

Under the resolution, city employees, including police officers, who become aware of the attempted or actual use of a city-owned property for civil immigration enforcement must immediately report it to their supervisor, who would then notify City Manager Rick Kozal or his designee.

Beck said Elgin’s resolution doesn’t provide for direct enforcement.

The city hopes to document infractions and work with the Illinois Accountability Commission, which was recently formed to create a public record of the conduct of federal agents during “Operation Midway Blitz.”

“Any of these issues would ultimately have to be litigated,” Beck said.

Kane County State’s Attorney Jamie Mosser told the council that she’s been asked to review numerous such ordinances and resolutions, including one being proposed for the county.

“I do believe this resolution can be very effective here,” Mosser said. “I think it’s doing everything that you guys can possibly do, given the fact that we cannot regulate the federal government.”

The resolution does not prevent federal agents from accessing city property. It forbids them from commandeering it for use as a base of operations, staging or processing.

The nearly 80-minute-long discussion was interrupted over 20 times by shouts or applause from the audience, necessitating numerous gavel bangs from Mayor David Kaptain.

Council members Diana Alfaro and Corey Dixon noted the passion of the crowd and said they preferred an ordinance. Still, they supported the resolution.

“I know some people are not happy that this is a resolution that was proposed, but this is one of the best resolutions,” Alfaro said. “If you look at other communities, it doesn’t go as far as this resolution.”

Council member Anthony Ortiz, who said half his family is undocumented, supported the decision to create a resolution since it had a better chance to survive a court challenge.

“This is the most impactful and meaningful thing we can do,” he said.

The resolution requires the signs’ language to include Spanish and to incorporate a QR code that will translate the sign into other languages.