Chicago is among those cities throughout the country and in Illinois known as “sanctuary cities.” That means under local law, those in law enforcement are prohibited or at least discouraged from helping immigration agents enforce federal immigration laws. The state of Illinois has a similar law in place.
Under both state and local law, this means that officers can’t require information about a person’s immigration status if they’re stopped or arrested or turn defendants over to U.S. Immigration and Customs Enforcement (ICE) unless they have an outstanding federal warrant – even if ICE asks for this information. State and local agencies are also prohibited from sharing information about undocumented residents, such as their addresses and workplaces, with ICE so they can hold deportation or removal proceedings.
Those laws and the officers who abide by them will likely be put to the test in the coming months and years. President-elect Donald Trump his future “border czar” have placed the deportation of undocumented immigrants at the top of their “to-do” list.
Chicago mayor says the city will maintain its sanctuary status
While Chicago has been a sanctuary city for almost 40 years (since Harold Washington was the mayor), that status may soon face unprecedented challenges. The incoming president has threatened to withhold funding from cities and states that refuse to assist in handing undocumented people over to federal agents as well as use the U.S. military and local law enforcement agencies to detain and deport undocumented immigrants.
Nonetheless, current Chicago Mayor Brandon Johnson has said, “Our values will remain strong and firm. We will face likely hurdles in our work over the next four years but we will not be stopped and we will not go back.” He has said he won’t allow the Chicago Police Department (CPD) to assist federal immigration agents.
When can the military step in?
Under the law, the U.S. military can’t be used to arrest and detain people unless a president invokes the Insurrection Act of 1807. While that would face legal challenges, it’s unclear how many federal judges (many appointed by the president-elect during the previous term) would be willing to uphold it.
It’s an uncertain and frightening time not just for those who are undocumented but for their loved ones who are here legally on visas or who are U.S. citizens. No one can say with certainty what the new year will bring. It can help to seek legal guidance if you have questions or concerns about the future of a loved one or if they are already facing potential removal.