Chicago Police Department releases statement on 'Welcoming City Ordinance' - What to know

CHICAGO - Chicago Mayor Brandon Johnson reaffirmed his opposition to President Donald Trump’s proposed immigration reforms this week, pledging to defend the Illinois Trust Act and resist federal immigration enforcement efforts.

Johnson's statement follows growing concerns over potential changes to immigration policies under the incoming administration. The mayor vowed to protect immigrant communities in Chicago, underscoring the city’s commitment to maintaining its status as a sanctuary for undocumented residents.

In line with this stance, the Chicago Police Department (CPD) issued a statement on Monday reinforcing its adherence to the "Welcoming City Ordinance." 

What is the ‘Welcoming City Ordinance?'

What we know:

The ordinance stops city agencies and employees from getting involved in civil immigration enforcement or helping federal authorities with such efforts. 

The ordinance outlines specific restrictions, including the following:

• Agencies and agents cannot stop, arrest or detain individuals based solely on their immigration status or an administrative warrant, such as those found in the FBI’s National Crime Information Center database.
• Immigration and Customs Enforcement (ICE) agents cannot access detainees or use city facilities for investigative purposes.
• City employees are restricted from spending time responding to ICE inquiries about a person’s custody status, release date, or contact information unless it is to determine whether a situation involves solely civil immigration violations.
• Agencies are barred from entering agreements under federal law that allow local entities to enforce federal civil immigration law.
• The transfer of individuals into ICE custody for the purpose of civil immigration enforcement is prohibited.
• City resources cannot be used to assist civil immigration operations, such as setting up traffic perimeters or providing on-site support.

CPD has to follow certain protocols when ICE or other federal agencies ask for help. 

Supervisors are responsible for figuring out if the request is about civil immigration enforcement. If it is, they have to decline the request and notify the Office of Emergency Management and Communications.

Chicago also has rules in place to limit how city agencies handle information about people’s immigration or citizenship status. 

For example, agencies can’t ask for, keep, or share this information unless federal law, a court order, or a warrant says they have to. There are some exceptions, like if someone gives written permission or if the city’s legal team needs it for certain legal matters.

Also, applications and forms for city services can’t ask about someone’s citizenship or immigration status. Departments need to check and update these forms every year to make sure they’re following the rules. 

Finally, federal agencies can’t access city databases or data-sharing platforms if they’re trying to enforce civil immigration laws.

Illinois Trust Act

What we know:

Illinois has set limits on what local law enforcement can do when it comes to federal immigration enforcement through the Illinois Trust Act and its updates. These rules make sure local officers aren’t getting involved in civil immigration matters unless absolutely necessary.

The law includes the following:

• Local law enforcement can’t hold someone just because of an immigration detainer or civil immigration warrant.
• Officers can’t question or investigate someone’s immigration status unless the law specifically requires it—though there are some exceptions, like for federal firearm checks or international agreements.
• Local agencies can’t help with federal immigration operations, share information about detainees, or transfer someone into federal custody for civil immigration issues, unless required by law or a criminal warrant.
• Illinois also doesn’t allow local or state agencies to make or renew contracts to detain people for civil immigration violations. Any existing contracts had to end by January 2022.
• Lastly, someone’s citizenship or immigration status can’t affect their access to benefits, services, or opportunities, like education or rehabilitation programs, while they’re in custody or on probation.

The Illinois Attorney General has the authority to investigate violations, issue subpoenas, and pursue legal action to ensure compliance with the law.

What the Chicago Police Department is Saying

CPD released the following statement Monday afternoon regarding the Welcome City Ordinance. 

In accordance with the City of Chicago’s Municipal Code, which includes the Welcoming City Ordinance, the Chicago Police Department does not assist federal immigration authorities with enforcement action solely based on immigration status. Additionally, CPD does not document immigration status and does not share such information with federal authorities.

CPD is prohibited by the Welcoming City Ordinance from participating in civil immigration enforcement operations or assisting in the civil enforcement of federal immigration law. CPD’s Responding to Incidents Involving Citizenship Status policy also states that if the Department receives a request from an immigration agency to provide assistance with a civil immigration enforcement operation, a supervisor will respond to the scene. If the request is to assist in the enforcement of civil immigration law, the supervisor will decline the request. If the request is unrelated to civil immigration law, appropriate police action will be taken. The Responding to Incidents Involving Citizenship Status policy was recently revised to require a supervisor of higher rank (a Watch Operations Lieutenant or Street Deputy) to respond to the scenes of these requests, in addition to the previously required supervisor from the district of occurrence.

To be clear, the Chicago Police Department will not assist or intervene in civil immigration enforcement in accordance with the City of Chicago Municipal Code. As always, we will continue to enforce the law if a crime occurs, regardless of the citizenship status of those involved.