Naperville officials have adopted a due process and municipal property ordinance, against the backdrop of increased U.S. Immigration and Customs Enforcement activity this past year.
The city council on Tuesday, June 2, approved the ordinance’s adoption on a 6-2 vote. Official approval came on the heels of a preliminary discussion last month.
What the ordinance’s adoption means for Naperville
In a memo outlining the ordinance’s provisions, City Attorney Michael DiSanto described it as a “focused, home-rule measure that regulates only the city’s own property and personnel.”
DiSanto outlined six specific elements of the ordinance, primarily focusing on the use of city personnel and resources and city-owned property.
“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,” DiSanto noted in the memo.
Another element within the ordinance calls on municipal employees to document any observations of such activities in those areas.
More specifically, the provision within the ordinance “requires the city to develop and implement a process to document known instances in which city-owned and city-controlled parking lots, buildings, parks, or municipal facilities are used as a staging area, operations base, or processing site for civil immigration enforcement activities,” DiSanto wrote.
Other sections within the ordinance recite the city’s mission statement as “a community of unity and acceptance” and affirm the city’s rights and values.
Council debates ordinance before adoption
Councilmembers Mary Gibson, Ian Holzhauer, Supna Jain, Patrick Kelly, Ashfaq Syed, and Benny White voted in favor of adopting the ordinance. Mayor Scott Wehrli and Councilman Josh McBroom voted against it. Councilman Nate Wilson was absent.
McBroom noted the legal opinion concluded that the ordinance is “symbolic and declarative,” in reference to a previous city staff report on the matter.
“It’s political signaling on a national issue from the dais,” McBroom said. “We should just all be aware of what that precedent sets.”
McBroom also said he is concerned about the impact such an ordinance could have, in terms of tension and escalation, if federal authorities are conducting immigration enforcement in Naperville.
“This ordinance is built on the premise that federal immigration enforcement presents a unique threat to Naperville, requiring a municipal response,” McBroom said. “I disagree with that premise.”
Following McBroom’s remarks, he and Holzhauer had a brief tense exchange.
Holzhauer said that McBroom had “proposed a symbolic ordinance about immigration” a year prior and spoke about it on a national platform, then said, “he has either lost his memory or lost his mind.” McBroom stated Holzhauer was “out of line,” as Wehrli pounded his gavel to restore order.
For his part, Holzhauer said he was in favor of the ordinance, asserting it reflects local sentiment at the moment.
“It is important that to the maximum extent of the law, we state where our community stands,” Holzhauer said. “When we see our residents in harm’s way, Naperville is going to stand up for their rights.”
Wehrli gave a detailed account of why he was voting “no” on the ordinance, including the document’s limited impact.
“This isn’t about immigration, and it isn’t about taking sides,” Wehrli said. “It’s about whether we pass laws that do real things or laws that just make a statement. I’d rather tell our residents the truth and lose the headline than pass something hollow and try and call it leadership.”
The mayor also commented on ICE’s extensive role as a federal agency, which extends beyond immigration enforcement. He pointed out its investigative arm, Homeland Security Investigations, address what he described as “some of the darkest cases in law enforcement,” and noted that an onlooker might not know what type of case an ICE officer might be handling.
Jain acknowledged the ordinance is symbolic, but spoke about it under favorable terms.
“You might perceive this as not holding value if you live a life where this hasn’t threatened your livelihood, or your day-to-day living,” Jain said. “However, if you do come from a community where recent behavior has made you question whether you should leave your home, what type of documentation you should carry … only then, can you truly appreciate the value of this ordinance.”
White said he did not agree with the concerns raised about the ordinance’s potential impact as he shared why he was supporting it.
“Tonight, we’re sounding alarms … and it just doesn’t warrant it,” White said. “We will record what we see. Any employee can do that, and they should do that. The city manager will work out those particular policies within those departments and how that can be done. I just don’t see that being a major issue.”
Residents, advocacy groups continue weighing in
Mirroring comments shared last month, the city council heard from a number of residents and representatives from advocacy groups about the ordinance.
Diana Torres Hawken was one of multiple members of the Alliance of Latinos Motivating Action in the Suburbs who spoke in support of the ordinance.
“Symbolic does not mean meaningless,” Torres Hawken said. “Public ordinances establish expectations to create a record of community values and gives residents a framework they can point to and hold their government accountable against. That matters, especially now, when so many residents are simply seeking clarity.”
The council received one written statement in opposition prior to adopting the ordinance. A Naperville resident, “Tim F,” said the document “appears to be politically motivated” and “reflects animus toward ICE.”
“Naperville already operates within a framework of existing federal, state, and local laws that govern interactions between municipal agencies and law enforcement,” Tim F wrote. “The need for additional restrictions has not been clearly demonstrated.”
If you have a story idea, send us a tip!