CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the Due Process and Municipal Property Ordinance
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DEPARTMENT: Legal Department
SUBMITTED BY: Michael DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
At its May 19, 2026 meeting, the City Council received a staff report concerning federal civil immigration enforcement activities and the public's proposed "Due Process and Municipal Property Ordinance." Following discussion and public comment, the Council voted 6-3 to direct staff to prepare and return an ordinance for passage at the June 2, 2026 meeting.
DISCUSSION:
The attached Due Process and Municipal Property Ordinance is a focused, home-rule measure that regulates only the City's own property and personnel. It incorporates the following key elements:
* Recitals: Affirms the City's official Mission Statement, core values of People, Trust, Respect, and Pride, the October 3, 2017 Mayoral Proclamation declaring Naperville "a Community of Unity and Acceptance," the City's commitment to protecting constitutional rights under the First, Fourth, and Fourteenth Amendments, home-rule authority under Article VII, Section 6 of the Illinois Constitution, and the principle that civil immigration enforcement is a federal responsibility.
* Affirmation of Rights and Values (Section 2): Reaffirms the City's commitment to upholding constitutional protections and conducting City operations in full compliance with all applicable federal and state laws.
* Use of City Property (Section 3): To the maximum extent permitted by law, the City shall not designate, authorize, make available, or consent to the use of any City-owned and City-controlled parking lots, buildings, parks, or municipal facilities as a staging area, operations base, or processing site for civil immigration enforcement activities. The provision expressly preserves access pursuant to a valid judicial warrant or court order and for criminal law enforcement or as otherwise required by l...
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