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A significant portion of the St. Charles City Council meeting on Monday, December 15 featured a passionate debate over ICE activity in the area — and what, if anything, the city should do to limit federal immigration enforcement on city-owned property or with city resources.
Here’s what you should know:
Calls for a policy: Multiple speakers urged St. Charles to adopt a policy (often described as an ordinance or resolution) that would prohibit federal agents from using city property and clarify that local resources and law enforcement won’t be used to support federal immigration enforcement without judicial warrants.
Concerns about enforcement tactics: Several residents described seeing or hearing about federal agents operating in ways they said felt intimidating, including references to masked agents, a lack of visible identification, and fear among immigrant families and even some U.S. citizens.
Legal risk debate: Some public comments argued the city could face more legal exposure by allowing ICE activity on city property, especially in light of Illinois HB 1312.
Other steps discussed: Speakers also pushed for practical steps beyond a website update — including a potential informational training session in St. Charles.
City leaders did not vote on any ICE-related ordinance at this meeting. Watch the full City Council meeting recording.
Illinois’ new law limiting federal immigration enforcement
The St. Charles meeting debate occurred the same day that the Kane County State’s Attorney’s Office issued the following statement regarding a new state law:
The State of Illinois last week enacted a new law, HB 1312, limiting federal immigration enforcement around courthouses and other sensitive locations. The following information outlines how this law affects Kane County law enforcement and residents.
Local law enforcement cannot enforce HB 1312. The new law can only be enforced through civil lawsuits filed by individuals who believe their arrest violated state law. Police cannot intervene to stop such arrests, and residents are asked not to call 9-1-1 in these situations so officers can focus on other public safety duties.
Local law enforcement cannot participate in civil immigration enforcement. Under the 2017 Illinois TRUST Act, state and local officers may not detain someone based solely on immigration status, a federal administrative warrant, or an ICE detainer request. Agencies also may not provide immigration agents access to people in custody, allow use of agency facilities or databases, help with or coordinate arrests, or render any other collateral assistance.
Local law enforcement may still investigate and enforce criminal laws within their jurisdiction. The Illinois TRUST Act does not limit officers from carrying out their normal duties to protect public safety, even when federal immigration actions are occurring nearby. While they cannot assist with civil immigration arrests, officers may always act when they have reasonable grounds to believe a person is committing or has committed a criminal offense.
Local law enforcement can execute federal criminal warrants. They may not detain individuals based only on federal administrative warrants, but they may arrest someone when a federal criminal warrant exists or when there is reasonable grounds to believe one has been issued. This means that local law enforcement may assist federal authorities when presented with a federal criminal warrant. Although some provisions of federal immigration statutes are criminal, deportation and removability are matters of civil law, not criminal law.
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