Review of the proposed ordinance restricting the use of city owned property for civil immigration enforcement (ICE) is below. This will be discussed November 10th (Monday) at city hall at 7PM.
The proposed ordinance does not cover Batavia School, library, or park district property nor does it cover Fermilab (which is federal land).
Ordinance Overview and Purpose
Ordinance 2025-065 amends the Batavia Municipal Code to add Title 7, Chapter 8, titled “Restricted Uses of City Property”
Its primary purpose is to prohibit the use of City-owned and controlled properties (such as parking lots, vacant lots, and garages) as staging areas, processing locations, or operations bases for civil immigration enforcement. It also bans the use of City-managed data systems for these activities and outlines procedures for federal officials operating on City property.
The stated strategic goals related to this ordinance include “Trustworthiness and Transparency,” “Vibrant and Diverse Community,” “Safety and Wellbeing,” and “Community Engagement and Inclusion”.
Rationale and Legal Basis
The ordinance provides several “Whereas” clauses to explain its legal basis and justification:
- Home Rule Authority: The City of Batavia is a home rule municipality and can exercise powers to protect public health, safety, and welfare.
- Illinois TRUST Act: The city scrupulously follows the Illinois TRUST Act, which prohibits local law enforcement from participating in or assisting with civil immigration enforcement, or allowing city facilities to be used for such purposes.
- Constitutional Principle: It cites the “anti-commandeering principle” from the Tenth Amendment, stating the federal government cannot compel local governments to enforce federal regulatory programs like civil immigration laws.
- Community Impact: The city finds that using city resources for civil immigration enforcement has a negative impact , erodes trust, and discourages residents from accessing city services, reporting crimes, or participating in community events.
- Protecting City Resources: The unauthorized use of city property or personnel for these actions interferes with the city’s authority over its own resources.
Prohibition on Use of City Property
This section details the main restriction and the definitions supporting it:
- Prohibited Use: No City-owned and controlled parking lot, vacant lot, garage, or other applicable property can be used as a staging area, processing location, or operations base for civil immigration enforcement.
- Definitions: The ordinance defines these key terms:
- “Staging area”: An area used to assemble, mobilize, and deploy vehicles, equipment, and personnel for civil immigration enforcement operations.
- “Processing location”: An area where individuals or materials are checked, identified, or documented for civil immigration enforcement activity.
- “Operations base”: A central location used to coordinate and manage civil immigration enforcement activities.
Implementation, Signage, and Reporting
The ordinance mandates specific actions from City departments:
- Property Identification: Within 7 days, departments must identify all City-owned properties that have been used or are likely to be used for these purposes.
- Signage: Departments must ensure all identified properties have “clear and conspicuous signage” stating: “This property is owned and controlled by the City of Batavia. It may not be used for civil immigration enforcement as a: Staging Area, Processing Location, or Operations Base.”.
- Procedures and Reporting: Departments must develop implementation procedures within 7 days.
- Any city employee who becomes aware of an attempted, suspected, or actual unauthorized use must report it to their supervisor as soon as practicable.
- Supervisors must then report this information to their department head and the City Administrator.
- Violation Documentation: The City Administrator may share documented violations with local, county, and state officials to document the unauthorized use of city property.
Scope and Limitations
The ordinance clarifies what it does not apply to:
- It does not affect property subject to existing leases or concession agreements to which the City is a party.
- It does not restrict or interfere with the execution of lawful judicial warrants or the enforcement of criminal law.
- It does not prohibit the lawful use of city property for other, unrelated purposes.
Requirements for Federal Action on City Property
This section outlines rules for federal officials conducting civil immigration enforcement on City property:
- Warrant Required: A warrant must be presented or verified in accordance with standard protocol. City personnel who are presented with a warrant should immediately contact their supervisor.
- Identification: Federal officials must remove face coverings and ensure their agency-issued badge is continuously visible.
- Violations: The City Administrator may share documented violations of these rules with local, county, and state officials.
Prohibition on Use of City Data
This section restricts the use of city information systems:
- No city officer, employee, contractor, or agent may use, permit the use of, or provide access to any City-owned, managed, or controlled data, database, technology system, or digital platform for the purpose of facilitating or supporting civil immigration enforcement.
https://bataviail.community.highbond.com/document/6b58ee6f-56e6-4273-932f-c24d4ef64c0e
Author: Jim Fahrenbach
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