Welcoming ordinances are permitted

As reported recently, the Palatine Village Council heard from community members, including myself, in regards to the enactment of a proposed welcoming village ordinance. I told the council at that meeting that, as things currently stand, such ordinances are valid and constitutional.

The Federal District Court in Chicago said so in July, finding that the Tenth Amendment means that the federal government cannot “commandeer” local and state governments into enforcing the law. The Department of Justice took no action to have this order stayed, until it filed a notice of an appeal just last week. The Court of Appeals has not vacated that order, and likely will take no final action on the appeal for months. The lower court’s order remains in force as a result, as does its finding that welcoming ordinances are constitutional.

This means that, when Mount Prospect Mayor Paul Hoefert reportedly claimed, at a council meeting that the Constitution prevents municipalities from taking action to prevent their resources being used to aid federal immigration enforcement efforts, he was wrong.

The fact is that Mount Prospect is not prevented from passing a welcoming ordinance of some sort. Instead, it is choosing not to, of its own volition. Mayor Hoefert needs to say why that is, rather than hiding behind a groundless claim of unconstitutionality.

Tom Soule

Palatine