A resolution approved by the Elgin City Council Wednesday puts U.S. Immigration and Customs Enforcement agents on notice that they cannot commandeer publicly owned property for civil immigration enforcement activities.
The city also plans to post 620 signs in public parks, parking lots, facilities and other sites that say in English and Spanish, “This property is owned and controlled by the City of Elgin. It may not be used for civil immigration enforcement, including use as a staging area, processing location or operations base.”
Councilman John Steffen said he’d like to see the city do even more.
“I am definitely going to support this (resolution) as another step; certainly not the last step” he said. “I’m going to keep pushing for more than this.”
The resolution says that any time an ICE agent is on city property, an Elgin police supervisor will respond and conduct an initial assessment, document the incident using their body camera, and forward a report to the city manager, who will take appropriate action.
Potential actions include reporting it to the Illinois Accountability Commission and/or seeking a court order requiring federal agents to leave the property or prohibiting further use of the site, the resolution said.
Gov. JB Pritzker recently created the accountability commission through executive order. Additionally, state lawmakers have passed a law creating safe zones around schools, hospitals and courthouses.
Safe zones don’t prevent ICE agents from stopping or detaining someone nor can police interfere or assist with ICE operations under the state’s TRUST Act unless agents have an arrest warrant.
Chief Ana Lalley said officers respond to scenes involving ICE to make sure no one is impersonating an agent and to handle incidents like car crashes stemming from detentions. “We cannot interfere in lawful immigration practices,” she said. “Elgin officers will not violate the law. We will protect our community lawfully and properly.”
“How are you protecting us?” one person yelled from the audience.
The police department recognizes the gravity of the situation, Lalley said. “We do investigate and have investigated,” she said.
Residents pushing the council members to take action packed the council chambers and held signs reading, “ICE OUT!”
Ebenezer Amalraj, owner of Glass Market Smoke Shop, said he’s witnessed the growing community fear over what’s been happening.
“Immigration enforcement activity has shaken families and created a chilling effect beyond those directly affected,” he said. “This isn’t just an immigration issue. It’s a human and economic one.”
Amalraj said he would like to see the city create ICE-free zones. “We’re not asking for special treatment. We’re asking for what every community desires. We demand hope, safety and protection not just for some, but for all,” he said.
Councilwoman Tish Powell said she feels residents’ frustration.
“I heard a term tonight by several folks that got up and spoke, and that term was ‘unprecedented,’ she said. “I can’t think of a better word to explain and describe what we are going through, not only in Elgin but across our country. I wish we could do more. I wish we could be even more effective.”
City Attorney Christopher Beck drafted the resolution at the council’s direction two weeks ago. He was to create something that gives the city stronger enforcement powers while acknowledging that they don’t want police put in situations where they’re asked to interfere and break federal law.
Because situations in which local government has tried to regulate federal government are so rare, there isn’t lot of case law on the issue, Beck said. Local governments, however, can stop federal agents from taking over city-owned property, he said.
When one audience member shouted, “we don’t want no resolution,” the crowd briefly joined him in the refrain, borrowing from Pink Floyd’s 1979 rock song “Another Brick in the Wall.”
“We are trying to handle it the best way we can,” Mayor Dave Kaptain said. “I think a resolution is the best thing. An ordinance may be self-gratifying, but it may end up in court.”
Kane County State’s Attorney Jamie Mosser, who attended the meeting, said municipalities are drafting resolutions or ordinances to address the presence of ICE in their towns.
“I have to advise, I don’t know how this will play out,” Mosser said. Beck’s resolution is good one because it relies on the idea that ICE cannot commandeer city-owned property, she said.
“I do believe this resolution can be very effective here. I think it’s doing everything it can in the face of us not violating federal law,” Mosser said.
Mosser was interrupted by resident Angel Martinez, who started shouting about Elgin police Officer Jason Lentz, currently on administrative leave while being investigaged for a social media post in which he told ICE agents where to find Hispanic immigrants.
“The places he posted have been the places ICE has hit hard,” said Martinez, who was then approached by an Elgin police officer as he started getting louder in his complaints.
“You can move out of my way. Why are you removing me?” Martinez said. “Please step away from me.
“Our people have gotten shot. Our people are getting chased,” he said. “Our people are out there from 4 a.m. monitoring our streets to make sure our people are safe. … If we don’t get loud now, this is going to get so much worse.”
Lally was able to intervene and de-esculate the situation.
“I feel that anger. I feel your pain,” Councilman Corey Dixon told Martinez from the dais. “You are not wrong for how you feel and how you are expressing yourself.
“(The agents) aren’t following the law. When you are dealing with a government like this, that is out of order … you cannot behave in a way that makes them think it’s OK.”
Gloria Casas is a freelance reporter for The Courier-News.
