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The ACLU of Illinois is asking Kane County officials to confirm that a new order setting guidelines for protest activity near the Justice Center in St. Charles doesn't infringe on the rights of residents monitoring immigration enforcement activity there.
In a July 14 letter to Chief Judge Robert Villa, State's Attorney Jamie Mosser and Undersheriff Amy Johnson, the ACLU asked officials to confirm the order isn't meant to restrict constitutionally protected observation and recording of ICE activity outside the courthouse.
Here's what to know:
The order itself: Chief Judge Villa issued General Order 26-09 in late June, outlining access and safety guidelines for protest activity at the Justice Center in St. Charles. The order states it shouldn't be read to prohibit lawful, constitutionally protected activity, but the ACLU notes its stated purpose specifically calls out speech "concerning immigration enforcement," which is part of what prompted the letter.
Why the letter was sent: According to the ACLU, rapid response observers who've been tracking ICE activity near the courthouse say they've faced questioning, ID checks, and license plate checks from sheriff's deputies.
What the ACLU wants confirmed: The letter aims to verify that eight specific activities, including sitting in a car to watch for ICE vehicles, taking photos of license plates, and recording exchanges with ICE officers or deputies, are indeed protected as long as they don't physically block law enforcement or building access.
The plaza question: The letter also asks officials to confirm that the courthouse plaza, where the ACLU says one local group already holds a standing permit for handing out literature weekly, counts as a public forum in the context of the order.
The letter asks officials to correct the ACLU if any of its assumptions about how the order will be enforced are wrong.
Read the full ACLU news release.
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