ORDINANCE

AN ORDINANCE AMENDING CHAPTER 13 (HUMAN RIGHTS) OF THE

OAK PARK VILLAGE CODE BY ADDING A NEW ARTICLE 7 (WELCOMING VILLAGE)

WHEREAS, the Village of Oak Park (Village) welcomes diversity and believes that all
individuals living in or visiting the Village should be treated fairly and with respect and dignity
the Village Board wishes to further enhance the Villages relationship with immigrant
communities and make the Village of Oak Park an immigrant-friendly Village; and

WHEREAS, this Ordinance discourages unlawful discrimination and strongly supports

the equal treatment of all individuals regardless of national origin; and

WHEREAS, the Village Board finds that achieving and maintaining a community that
treats documented and undocumented immigrants with respect and dignity is in line with the
public policy of the Village and the principles upon which the United States was founded; and

WHEREAS, this Ordinance will promote the general welfare of Village residents and
visitors alike; and

WHEREAS, the validity of the Village as an ethnically, racially and religiously diverse
Village in the State of Illinois, is built, in part, on the strength of its immigrant communities in
the Village; and

WHEREAS, the Village Board finds that the cooperation of all persons, both documented
citizens and those without documentation status, is essential to achieve the Village goals of
protecting life and property, preventing crime and resolving problems; and

WHEREAS, immigrant community members, whether documented citizens or not,

should be treated with respect and dignity by all Village employees and should not be subjected
to physical abuse, threats, or intimidation; and

WHEREAS, one of the Villages most important goals is to enhance the Villages
relationship with the immigrant communities; and

WHEREAS, due to the Villages limited resources; the complexity of immigration laws;
the clear need to foster the trust of and cooperation from the public, including members of the
immigrant communities; and to effectuate the Villages goals, the Village Board finds that there
is a need to clarify the communications and enforcement relationship between the Village and
the federal government and to clarify what specific conduct by Village employees is prohibited
because such conduct significantly harms the Villages relationship with immigrant
communities; and
 WHEREAS, the purpose of this Ordinance is to establish the Villages procedures
concerning immigration status and enforcement of federal civil immigration laws and to
identify conduct in which Village employees may not engage when interacting with community
members; and

WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, provides that the
powers and functions of home rule units shall be construed liberally, and written with the
intention that home rule units be given the broadest powers possible, Scadron v. City of Des
Plaines, 153 Ill.2d 164 (1992), and this Ordinance is adopted pursuant to such authority.

NOW THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the

Village of Oak Park, Cook County, Illinois, in the exercise of their home rule powers, as follows:

Section 1. Recitals Incorporated. The above recitals are incorporated herein as

though fully set forth.

Section 2. Village Code Amended. A new Article 7 (Welcoming Village) is hereby

added to Chapter 13 (Human Rights) of the Oak Park Village Code as follows:

ARTICLE 7

WELCOMING VILLAGE

13-7-1: DEFINITIONS:
13-7-2: REQUESTING INFORMATION PROHIBITED:
13-7-3: THREATS BASED ON CITIZENSHIP OR IMMIGRATION STATUS PROHIBITED:
13-7-4: CONDITIONING BENEFITS, SERVICES, OR OPPORTUNITIES ON IMMIGRATION
STATUS PROHIBITED:
13-7-5: CIVIL IMMIGRATION ENFORCEMENT ACTIONS FEDERAL RESPONSIBILITY:
13-7-6: FEDERAL REGISTRY PROGRAMS
13-7-7: INFORMATION REGARDING CITIZENSHIP OR IMMIGRATION STATUS:
13-7-8: NO PRIVATE CAUSE OF ACTION:

13-7-1: DEFINITIONS:

The following terms wherever used in this article shall have the following meanings unless a
difference meaning appears from the context:

ADMINISTRATIVE WARRANT: An immigration warrant of arrest, order to detain or release

aliens, notice of custody determination, notice to appear, removal order, warrant of removal,
or any other documents, issued by ICE that can form the basis for an individuals arrest or
detention for a civil immigration enforcement purpose. This definition does not include any
criminal warrants issued upon a judicial determination of probable cause and in compliance

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with the requirements of the Fourth Amendment to the United States Constitution and Article
1, Section 6 of the Illinois Constitution.

AGENCY: Every Village department, division, commission, committee, board, or other body
established by authority of an ordinance or Village Board resolution.

AGENT: Any person employed by or acting on behalf of an agency.

CITIZENSHIP OR IMMIGRATION STATUS: All matters regarding questions of citizenship of the

United States or any other country, the authority to reside in or otherwise be present in the
United States, the time and manner of a persons entry into the United States, or any other
immigration matter enforced by the Department of Homeland Security or successor or other
federal agency charge with the enforcement of civil immigration laws.

COERCE: To use express or implied threats towards a person or any family member of a person
that attempts to put the person in immediate fear pf the consequences in order to compel that
person to act against his or her will.

CONTACT INFORMATION: Home address, work address, telephone number, electronic mail
address, social media contact information, or any other means of contacting an individual.

ELIGIBLE FOR RELEASE FROM CUSTODY: A person that may be released from custody because
one of the following conditions has occurred:

A. All criminal charges against the person have been dropped or dismissed;

B. The person has been acquitted of all criminal charges filed against him or her;

C. The person has served all the time required for his or her sentence;

D. The person has posted a bond; or

E. The person is otherwise eligible for release under state or local law, or local
policy.

ICE: The United States Immigration and Customs Enforcement Agency and shall include any
successor agency charged with enforcement of civil immigration laws.

IMMIGRATION DETAINER: A request by ICE to a federal, state or local law enforcement agency
to provide notice of release or maintain custody of an individual based on an alleged violation
of a civil immigration law, including detainers issued pursuant to Sections 1226 or 1357 of Title
8 of the United States Code or 287.7 or 236.1 of Title 8 of the Code of Federal Regulations.
These detainers include but are not limited to DHS Form I-247D Immigration Detainer

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Request for Voluntary Action; DHS I-247X Request for Voluntary Transfer; or DHS Form I-
247N Request for Voluntary Notification of Release.

IMMIGRATION ENFORCEMENT OPERATION: Any operation that has as one of its objectives the
identification or apprehension of a person or persons: 1) in order to subject them to civil
immigration detention, removal proceedings and/or removal from the United States; or 2) to
criminally prosecute a person or persons for offenses related to immigration status, including
but not limited to violations of Sections 1253, 1304, 1306(a) and (b), 1325, or 1326 of Title 8 of
the United States Code.

VERBAL ABUSE: The use of oral or written remarks that are overly insulting, mocking, or
belittling, directed at a person based upon the actual or perceived race, color, sex, religion,
national origin, English proficiency, sexual orientation, or gender identity of that person.

13-7-2: REQUESTING INFORMATION PROHIBITIED:

No agent or agency shall request information about or otherwise investigate or assist in the
investigation of the citizenship or immigration status of any person unless such inquiry or
investigation is required by an order of a court of competent jurisdiction. Notwithstanding this
provision, the Village Attorney or the Village Attorneys designee may investigate and inquire
about immigration status when relevant to potential or actual litigation or an administrative
proceeding in which the Village is or may be a party.

13-7-3: THREATS BASED ON CITIZENSHIP OR IMMIGRATION STATUS PROHIBITED:

No agent or agency will coerce, including using threats of deportation, or engage in verbal
abuse of any person based upon the persons or the persons family members actual or
perceived citizenship or immigration status.

For purposes of this section, family member means a persons:

1. Mother, father, spouse, brother or sister (including blood, step or half), son or daughter
(including blood, step or half), father-in-law, mother-in-law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, grandparent or grandchild;

2. Court-appointed legal guardian or a person for whom the person is a court-appointed

legal guardian; or

3. Domestic partner or the domestic partners mother, father, brother, sister (including
blood, step, or half), son or daughter (including blood, step or half).

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13-7-4: CONDITIONING BENEFITS, SERVICES, OR OPPORTUNITIES ON IMMIGRATION STATUS
PROBHIBITED:

A. No agent or agency shall condition the provision of the Village benefits,

opportunities, or services on matters related to citizenship or immigration status unless
required to do so by statute, federal regulation, or an order of a court of competent
jurisdiction.

B. Where presentation of an Illinois drivers license or identification card is

accepted as adequate evidence of identity, presentation of a photo identity document issued
by the persons nation of origin, such as a drivers license, passport, or consulate-issued
document, shall be accepted and shall not subject the person to a higher level of scrutiny or
different treatment than if the person had provided an Illinois drivers license or identification
card except that this subsection B shall not apply to the completion of federally mandated I-9
forms.

C. All applications, questionnaires, and interview forms used in relation to Village

benefits, opportunities, or services shall be promptly reviewed by the Village and any questions
regarding citizenship or immigration status, other than those required by statute, ordinance,
federal regulation or court decision, shall be deleted and of no force and effect.

13-7-5: CIVIL IMMIGRATION ENFORCEMENT ACTIONS FEDERAL RESPONSIBILITY:

A. No agency or agent shall stop, arrest, detain, or continue to detain a person after
that person becomes eligible for release from custody or is free to leave an encounter with an
agent or agency, based on any of the following:

1. An immigration detainer;

2. An administrative warrant as defined herein (including but limited to

entered into the Federal Bureau of Investigation's National Crime Information Center
database); or

3. Any other basis that is based solely on the belief that the person is not
present legally in the United States, or that the person has committed a civil
immigration violation.

B. No agency or agent shall be permitted to accept requests by ICE or other

agencies to support or assist in any capacity with immigration enforcement operations,
including, but not limited to, requests to provide information, other than as provided in
Section 13-7-7 below, on persons who may be the subject of immigration enforcement
operations, to establish traffic perimeters, or to otherwise be present to assist or support an
operation. In the event an agent receives a request to support or assist in an immigration
enforcement operation, he or she shall report the request to his or her supervisor, who shall
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 decline the request and document the declination in an interoffice memorandum to the
agency director through the chain of command.

C. No agency or agent shall enter into an agreement under Section 1357(g) of Title
8 of the United States Code or any other federal law that permits state or local governmental
entities to enforce federal civil immigration laws.

D. Unless presented with a valid and properly issued criminal warrant, no agency or
agent shall:

1. Permit ICE agents access to a person being detained by, or in the custody
of, the agency or agent;

2. Transfer any person into ICE custody;

3. Permit ICE agents use of agency facilities, information, other than as

provided in Section 13-7-7 below, or equipment, including any agency electronic
databases, for investigative interviews or other investigative purpose or for purposes of
executing an immigration enforcement operation; or

4. Expend the time of the agency or agent in responding to ICE inquiries or

communicating with ICE regarding a person's custody status, release date, or contact
information.

13-7-6: FEDERAL REGISTRY PROGRAMS

No agency or agent shall expend any time, facilities, equipment, information, or other
resources of the agency or agent to facilitate the creation, publication, or maintenance of any
federal program to register individuals present in the United States based on their ancestry,
national origin, or religion, or the participation of any Village residents in such a registry.

13-7-7: INFORMATION REGARDING CITIZENSHIP OR IMMIGRATION STATUS:

Nothing in this article prohibits any agency or agent from sending to, or receiving from, any
local, state, federal agency, information regarding an individuals citizenship or immigration
status. All agents shall be instructed that federal law does not allow such a prohibition.
Information regarding an individuals citizenship or immigration status, for purposes of this
section, means a statement of the individuals country of citizenship or a statement of the
individuals immigration status.

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13-7-8: NO PRIVATE CAUSE OF ACTION:

This article does not create or form a basis for liability on the part of the Village, its agents, or
agencies. The exclusive remedy for violation of this article shall be the Villages disciplinary
procedures for officers and employees.

Section 3. Severability and Repeal of Inconsistent Ordinances. If any section,

paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall
not affect any of the other provisions of this Ordinance. All ordinances in conflict herewith are
hereby repealed to the extent of such conflict.

Section 4. Effective Date. This Ordinance shall be in full force and effect after its
approval, passage and publication as provided by law.

ADOPTED this 6th day of February, 2017, pursuant to a roll call vote at follows:

Voting Aye Nay Abstain Absent

President Abu-Taleb
Trustee Barber
Trustee Brewer
Trustee Button Ott
Trustee Lueck
Trustee Salzman
Trustee Tucker

APPROVED this 6th day of February, 2017.

Anan Abu-Taleb, Village President

ATTEST

Teresa Powell, Village Clerk

Published in pamphlet form this 6th day of February, 2017.

__________________________________
Teresa Powell, Village Clerk