CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
title
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
body
DEPARTMENT: Legal Department
SUBMITTED BY: Michael DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
N/A
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. 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 statu...
Click here for full text