How to enforce ICE ban? Arlington Heights ordinance suggests going to court
Arlington Heights’ ordinance prohibiting federal immigration enforcement agents from using municipal property is now on the books.
Village board members unanimously approved the measure late Monday after lengthy discussion at two previous meetings, and following the lead of other local governments in recent weeks, including Wheeling, Elgin and Evanston.
Questions over how to enforce a local ban on federal agents led Arlington Heights officials to include a provision in their ordinance that directs Village Manager Randy Recklaus and the police department to document any instances of the feds using village property, then report back to the board.
Trustees could then decide to pursue litigation, though similar ordinances haven’t yet been tried before a judge.
“Realistically, will we be able to do anything in federal court on this?” Trustee Tom Schwingbeck asked Village Attorney Hart Passman Monday night.
“I don’t know,” Passman replied. “This ordinance would preserve the village’s ability to bring such an action if it were to be deemed warranted by the board.”
The ordinance says any village property — including buildings, parking lots and open spaces owned by, operated by, or leased to the village, but excluding rights-of-way — may not be used as a staging area, detention area, processing location or operations base for civil immigration enforcement operations.
Recklaus added, however, that people should not feel protected from immigration enforcement by being on public property.
“If they violate this, there’ll be documentation and consideration of legal action, but, at the same time, we just have to acknowledge the reality of this, and we don’t want to lull people into a false sense of security,” Recklaus said.
Trustee Wendy Dunnington, who proposed the rules last month, said the board’s unanimous vote shows residents that village officials care about the issue.
“We know that people are scared and that immigrants are an important part of our community and that we really value them in Arlington Heights,” she said.
Mayor Jim Tinaglia said board members are “speaking with one voice that we care about those children in the schools that are afraid to lose their mother or their father,” or the employees of a landscaping business.
He acknowledged the “passionate perspective” of residents who came to recent board meetings to support the ordinance, but added his email inbox has just as many comments from the other side.
One opponent, Steve Blye, equated the board’s ban to “no guns” signage commonly posted at the front doors of public places.
“ICE is trying to stop the people that are going to go after our teenage girls and go into our homes,” Blye said. “So you actually want to have an ordinance so you’ll feel good.”
But Andy Griesemer said his support of the measure demonstrates he did everything he could to oppose immigration officers’ aggressive tactics.
“We can’t act on federal agents. They have superior powers over local governments,” Griesemer said. “But I think that this is a really important thing that we need to do.”