CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Receive the staff report regarding the proposed “Naperville Due Process and Municipal Property Ordinance,” consider the options set forth regarding local action on federal immigration enforcement activities, and provide direction to staff
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DEPARTMENT: Legal Department
SUBMITTED BY: Michael DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
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BACKGROUND:
At the April 7, 2026 City Council meeting, multiple residents spoke during Public Forum and submitted written comments in support of adopting a “Due Process and Municipal Property Ordinance” (attached). The speakers expressed concern over recent federal immigration enforcement activities by U.S. Immigration and Customs Enforcement (ICE), emphasizing the need to protect constitutional rights, uphold due process, maintain community trust and safety for all residents regardless of immigration status, and prevent the use of City-owned property and resources to support federal civil immigration operations. By consensus, the Council directed staff to provide a report on this issue, including a summary of Naperville’s existing actions and policies, actions taken by other municipalities, details regarding the proposed ordinance, and options for Council consideration.
Federal immigration enforcement, including civil enforcement actions by ICE and U.S. Customs and Border Protection (CBP), is exclusively a federal responsibility under the Immigration and Nationality Act <https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act>. Any individual who believes their federal constitutional rights have been violated during such enforcement may pursue civil remedies, including claims under federal civil rights statutes or analogous state law provisions. The City of Naperville has no authority to override or obstruct federal operations but maintains strong policies focused on public safety, constitutional protections, and compliance with Illinois law.
State of Illinois and City of Naperville Actions
Illinois has enacted three statutes limiting local involvement in civil immigration enforcement while preserving focus on criminal public safety:
1. Illinois TRUST <https://www.ilga.gov/Legislation/ILCS/Articles?ActID=3818&ChapterID=2&Chapter=GENERAL%20PROVISIONS&MajorTopic=GOVERNMENT&Print=True> Act (2017): Prohibits state and local law enforcement agencies from participating in, supporting, or assisting federal civil immigration enforcement activities absent a valid judicial criminal warrant or court order. Among other provisions, it restricts honoring civil immigration detainers, inquiring about an individual’s immigration status during routine encounters, and using local resources for non-criminal federal operations. The Act is designed to keep local police focused on criminal law enforcement and public safety while encouraging all residents, regardless of immigration status, to report crimes and seek assistance without fear.
2. Illinois VOICES Act <https://www.ilga.gov/Legislation/ILCS/Articles?ActID=3916&ChapterID=2> (2019): Known as the Voices of Immigrant Communities Empowering Survivors Act, this measure establishes standardized procedures for law enforcement agencies to provide certification forms to victims of qualifying crimes (such as domestic violence, sexual assault, and human trafficking). These certifications assist eligible immigrant survivors in applying for federal U-visas and T-visas, thereby promoting victim cooperation with law enforcement and enhancing reporting of serious crimes.
3. Illinois Way Forward Act <https://www.ilga.gov/Legislation/publicacts/view/102-0234> (2021): This legislation builds upon and strengthens the TRUST Act and VOICES Act by imposing additional restrictions on local cooperation and information-sharing in civil immigration matters, adding annual compliance reporting requirements to the Illinois Attorney General, and prohibiting certain contractual arrangements with federal authorities for the detention of individuals for civil immigration purposes.
The City of Naperville has proactively implemented these requirements and gone beyond minimum compliance:
• NPD General Order 1.2.9 (Incidents Involving Citizenship Status): Adopted to ensure full compliance with the Illinois TRUST Act, this General Order formalizes the Department’s policy on interactions with federal immigration authorities. It expressly affirms that NPD provides law enforcement services to all persons in the City regardless of citizenship or immigration status and recognizes that civil immigration enforcement is exclusively a federal responsibility. Unless presented with a valid federal criminal warrant signed by a judge (or otherwise required by law), the Order strictly prohibits officers and employees from participating in, supporting, or assisting federal civil immigration operations. This includes barring immigration agents from accessing non-public areas or Department databases and from transferring individuals into federal immigration custody. The Order preserves full cooperation with federal partners in legitimate criminal investigations and public safety matters (full order attached).
• October 3, 2017: Mayor Steve Chirico issued a Proclamation declaring Naperville “a Community of Unity and Acceptance,” affirming equal treatment and access to City services regardless of immigration status (attached).
• September 18, 2025: NPD posted on social media clarifying its TRUST Act compliance and directing immigration inquiries to federal authorities (attached).
• 2026 Training:
o March 6: Illinois Attorney General (AG) training held for personnel in City Legal and Police departments.
o March 10: Legal and City Manager’s Office held training for Municipal Center front-desk security personnel.
o March 19: Legal held training for all City department directors.
o March 24: Police Chief social media post regarding AG training.
o March 27: Finalized TRUST Act training bulletin distributed internally.
Actions by Other Illinois Public Bodies
Several counties and municipalities in the Chicago metropolitan area have taken formal actions in response to federal civil immigration enforcement activities. These measures have primarily focused on affirming constitutional due process rights or regulating the use of publicly owned property for staging or operations related to civil (non-criminal) immigration enforcement.
• DuPage County - On October 28, 2025, the County Board adopted a Resolution Supporting Due Process and a Fair Path to Citizenship. The resolution affirms constitutional protections and due process for all residents without purporting to restrict federal operations. Full resolution (attached) <https://dupage.legistar.com/LegislationDetail.aspx?ID=7713222&GUID=B201D45E-B0BC-47BF-B772-60F1CC8B9F61&FullText=1>
• Will County - The County Board considered a resolution similar to DuPage County’s but ultimately did not enact it. Instead, on October 17, 2025, the County Executive issued Executive Order 25-01, which prohibits the use of county-owned property for immigration enforcement staging areas and provides related guidance. Executive Order announcement <https://willcounty.gov/News/will-county-executive-issues-executive-order-responding-to-federal-immigration-enforcement-activities>
• Municipalities that adopted ordinances regulating use of public property - Several Chicago metropolitan area municipalities have enacted measures limiting the designation or use of municipal property (parking lots, buildings, parks, and facilities) as staging areas, operations bases, or processing sites for civil immigration enforcement. Examples include:
o City of Aurora - Ordinance No. 025-075 (adopted November 12, 2025) Official summary and news release <https://www.aurora.il.us/News-articles/Aurora-City-Council-Unanimously-Approves-Ordinance-Prohibiting-The-Use-Of-City-Property-For-Civil-Immigration-Enforcement-Activities>
o Village of Downers Grove - Ordinance No. 2026-11073 (adopted February 3, 2026) Full agenda item and ordinance (attached) <https://agendadocs.downers.us/public/docs/agendas/2026/02_03_2026/ORD_2026-11073.pdf>
o City of Batavia <https://bataviail.community.highbond.com/document/f822071d-189c-4afb-8b0e-d69c9155a241/>, City of Evanston <https://progov21.org/Home/Document/S6H462>, Village of Wilmette <https://www.wilmette.gov/AgendaCenter/ViewFile/Item/1173?fileID=27565>, and others have adopted comparable legislation
A DuPage Mayors and Managers Conference (DMMC) survey distributed to member municipalities showed that several communities (including Addison, Bolingbrook, Carol Stream, Elmhurst, and Naperville) discussed potential local actions related to immigration enforcement but have not taken formal legislative steps. Other municipalities have instead posted public statements reaffirming TRUST Act compliance, shared resident resources, or taken a combination of these approaches.
DISCUSSION:
Federal immigration enforcement remains the exclusive province of the United States government. Under the Supremacy Clause <https://constitution.congress.gov/browse/essay/artVI-C2-1/ALDE_00013395/>, local governments may not obstruct or regulate federal agents in the performance of their duties. The Tenth Amendment/anti-commandeering doctrine <https://constitution.congress.gov/browse/essay/amdt10-4-2/ALDE_00013627/> protects localities from being compelled to assist federal civil enforcement, but it does not authorize affirmative interference. The Illinois TRUST Act already codifies non-cooperation requirements for local law enforcement and Naperville’s policies and training fully implement it.
Proposed “Naperville Due Process and Municipal Property Ordinance”
The draft ordinance recently shared by members of the public with the City Council focuses on how the City manages its own property and resources in relation to federal civil immigration enforcement activities. It does not restrict federal agents’ access to public sidewalks, streets, or truly open public forums, it does not address private property, and it does not limit the Naperville Police Department’s ability to respond to criminal activity or public safety threats.
The proposed ordinance does the following:
• Reaffirms constitutional values (Section 1): The City formally states its commitment to protecting the First, Fourth, and Fourteenth Amendment rights of all individuals.
• Discourages use of City-owned or City-controlled property (Section 2): City parking lots, buildings, parks, and municipal facilities may not be officially designated, authorized, or made available by the City as a staging area, operations base, or processing site for civil immigration enforcement. This provision is expressly limited “to the maximum extent permitted by law” and contains explicit language clarifying that nothing in the ordinance prevents access pursuant to a valid judicial warrant or court order issued by a court of competent jurisdiction.
• Prohibits onsite support with City personnel or resources (Section 3): To the maximum extent permitted by law, City employees and City resources may not be used to provide onsite support for civil immigration enforcement activities (such as assembling, mobilizing, staging, or deploying federal personnel, vehicles, equipment, or materials). Any unauthorized use of City property may be addressed through existing municipal property-management authority and trespass laws.
• Requires documentation of observed violations (Section 4): All City departments must adopt procedures (consistent with applicable law) to document any observed violations of the ordinance on City property and forward that documentation to the appropriate City administrative authority for review.
• Includes safeguards (Sections 5-6): Make clear that the ordinance does not prohibit any action required by state or federal law or any action taken pursuant to a valid judicial warrant or court order. The City Attorney and City Manager are directed to develop any necessary administrative procedures to ensure the ordinance is implemented lawfully.
• States its purpose (Section 7): The ordinance is intended to provide clear guidance on the use of municipal property, uphold constitutional protections, remain consistent with Illinois law, and keep the City’s primary focus on community safety.
Section 4 of the draft ordinance would require all City departments to adopt formal procedures for documenting any observed violations of the ordinance on City property and to forward that documentation to the appropriate administrative authority for review. While internal monitoring and record-keeping is useful, imposing such ongoing operational responsibilities on City staff through a municipal ordinance is somewhat unusual. These types of staff procedures are typically established and adjusted more flexibly through administrative policies, City Manager directives, or departmental general orders.
This proposed ordinance is significantly more focused and narrower than the broader “Welcoming City Ordinance” presented to the City Council by petition in November 2025. It closely mirrors the general approach taken by several neighboring municipalities. Because the ordinance is expressly limited “to the maximum extent permitted by law” and contains multiple clauses prioritizing compliance with state and federal law, it is legally defensible as a proper exercise of the City’s home-rule authority over municipal staff and property. However, 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.
Resources Available to the Public for Information and Support Concerning Immigration Enforcement Concerns
City of Naperville staff, including personnel in the Police Department and Legal Department, are not authorized or equipped to provide individualized legal advice, immigration status determinations, or guidance on federal civil immigration enforcement activities. Consistent with the City’s TRUST Act policies and long-standing practice, residents who have questions or concerns about federal immigration matters are encouraged to contact the appropriate external resources listed below. These government and professional sources are best positioned to provide accurate, up-to-date information and assistance.
• Illinois Attorney General’s Office (Civil Rights Bureau): Offers official guidance, public resources, and training materials on Immigration Rights <https://illinoisattorneygeneral.gov/rights-of-the-people/civil-rights/immigration/>, including “Know Your Rights” materials (attached) <https://illinoisattorneygeneral.gov/Page-Attachments/ImmigrantsKnowYourRightsEnglish.pdf>, U/T visa certification information, and resources for victims of crime. Members of the public may also file a complaint by contacting the Civil Rights Bureau <https://illinoisattorneygeneral.gov/rights-of-the-people/civil-rights/>.
• U.S. Citizenship and Immigration Services (USCIS): Official federal agency responsible for immigration benefits. Members of the public may contact USCIS directly for information on visas, status, or legal processes. Official websites (uscis.gov <https://www.uscis.gov/>) contain public resources, hotlines, and portals for reporting concerns.
• Licensed Immigration Attorneys and Accredited Representatives: For personalized legal advice or representation, residents should consult a licensed attorney or accredited representative through lawyer referral services provided by the ’Illinois Attorney Generals Office <https://illinoisattorneygeneral.gov/Legal-Assistance-Referrals/index>, or the Illinois State <https://www.isba.org/public/phonereferral>, DuPage County <https://www.dcba.org/page/FindLawyer> or Will County <https://willcountybar.net/attorney-referral-program/> bar associations, or similar services. The City cannot recommend specific counsel or provide legal opinions on federal immigration law.
• Local Legal Aid Organizations: Illinois residents may also contact Illinois Legal Aid <https://www.illinoislegalaid.org/> or other nonprofit legal services providers for assistance with civil legal matters related to immigration status.
By directing members of the public to these established external resources, the City maintains strict adherence to its legal limits while helping residents obtain the specialized information and support they may seek. Staff will continue to respond to any public safety or criminal matters.
Options for Council Consideration
1. Direct staff to prepare an ordinance for first reading. This is the recommended path if the Council desires a formal action imposing limitations on City property and reporting obligations on City staff.
2. Direct staff to prepare a resolution. This is a symbolic affirmation of values, TRUST Act compliance, and constitutional rights without enacting an ordinance.
3. Direct staff to pursue a legislative initiative at the state/federal level. For example, lobby and encourage Naperville’s federal and state representatives to support enhanced regulations concerning ICE activities and strengthen due process protections and reporting requirements.
4. Take no formal action at this time. The City Council directs staff to continue robust TRUST Act compliance and training, monitor the issue (including any local federal activity), report known developments to Council, and explore non-regulatory options such as enhanced public education materials or community partnership opportunities to address resident concerns and rebuild trust.
Staff stands ready to implement Council direction, draft any necessary documents, and provide additional analysis upon request.
Attachments:
1. Proposed Naperville Due Process and Municipal Property Ordinance draft
2. NPD General Order 1.2.9 incorporating TRUST Act
3. Naperville Mayoral Proclamation of Community of Unity and Acceptance
4. NPD TRUST Act Social Media Post
5. DuPage County Resolution Supporting Due Process and Faith Path to Citizenship
6. Village of Downers Grove’s 2/3/26 agenda item re: federal immigration activities
7. Illinois Attorney General’s Immigrants “Know Your Rights” Publication
8. List of Websites Linked in Staff Report
FISCAL IMPACT:
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