Naperville considers ordinance to block federal agents from using municipal property

Naperville City Council members say they want an ordinance on the books restricting federal agents from using municipal property or resources for immigration enforcement efforts.

Council members voted 6-3 on Tuesday to direct city staff to draft an ordinance and present it for first reading at their next meeting on June 2.

The proposed “Due Process and Municipal Property” ordinance was proposed by residents who lobbied the city council to take a stronger stance in light of immigration enforcement efforts over the past year.

While the proposed ordinance restricts the use of city-owned property for immigration enforcement, it does not prohibit federal agents from using public sidewalks, roads or other property open to the public. The ordinance requires city staff to document any violations of the ordinance they may observe, and it restricts the use of city staff, such as police officers, in any civil immigration enforcement activities.

The ordinance does not override federal authority or block immigration enforcement efforts with legal warrants.

In a memo to city council members, the city’s legal staff indicates the ordinance mirrors similar measures adopted in other communities.

The enforcement of Naperville’s proposed ordinance is limited “to the maximum extent permitted by law.” However, city staff warns the ordinance likely would have little impact on civil immigration enforcement efforts.

“Its practical effect would be largely declarative and symbolic in nature as it would not prevent federal agents from performing their duties on public sidewalks, streets, or truly open public forums, or otherwise if allowed by warrant, court order or pursuant to federal authority,” a memo to the city council notes.

Supporters, however, said the ordinance signals support for residents and draws a clear line on where the city stands on recent immigration enforcement efforts.

“For many residents, this conversation has also been about the kind of community Naperville continues striving to become,” Lili Burciaga, a Naperville resident and president of the Alliance of Latinos Motivating Action in the Suburbs, said in a written statement, noting that Naperville has grown into a diverse community. “This moment reflects part of that continued evolution and the responsibility to keep building a community grounded in dignity, transparency and inclusion.”

Councilman Ian Holzhauer said the city is obligated to take action when constitutional rights, such as due process, are violated.

He said that when the federal government violates the rights of Naperville’s residents within the city’s borders, “you can bet that Naperville will be clear where we stand.”

“Naperville stands for our people,” Holzhauer said. “Naperville stands for our Constitution. Naperville stands for American values.”

Mayor Scott Wehrli was one of the three opposed to the ordinance. He said state law already limits what police can do in civil immigration enforcement operations. A city ordinance will not prevent federal agents from coming into Naperville and using public sidewalks or roads to carry out immigration enforcement operations.

The mayor noted that city staff members have indicated that requiring documentation of observed violations would be better handled through an administrative policy and not an ordinance.

Wehrli added the ordinance “risks giving a sense of security the city is not actually positioned to deliver.”