How do Chicago's sanctuary laws protect immigrants?

Last month, President Donald Trump’s administration started executing what it’s calling “ramped-up immigration enforcement” in Chicago and across the county.

Border czar Tom Homan said law enforcement agencies would execute mass deportations by going after immigrants with criminal records. But so far in Chicago, lawyers report many of the people arrested have no prior convictions.

These threats and arrests have stirred fear among immigrants and their communities in the Chicago area.

Northwestern University economist Elisa Jácome said research has shown that these types of immigration enforcement policies make public safety worse. The resulting uncertainty threatens the relationship between the community and law enforcement. That can lead to victims of crimes not calling their local police for help.

“Law enforcement officials around the country have voiced that these types of immigration enforcement policies make their jobs harder, because their officers can’t prevent or solve crimes if they don’t know where those crimes are happening,” Jácome said.

In other words, confusion and misinformation can lead to a deterioration of trust in law enforcement and make cities less safe. Some of the facts are as simple as knowing who does immigration and enforcement and who does not.

WBEZ and La Voz have some answers for immigrant communities as they try to navigate the new American reality.

What should immigrants know when they encounter law enforcement?

The first question to ask is: What type of law enforcement agency do the agents or officers work for?

Some of the federal agencies that may do immigration enforcement are Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). ICE and CBP are in charge of immigration enforcement within the United States and at the border. They both fall under the Department of Homeland Security. Under Trump, other federal agencies have joined in enforcing immigration laws.

Illinois residents could also encounter state, county or local police officers.

Illinois State Police have jurisdiction throughout the state. They are also called state troopers. Illinois State Police patrol the state’s highways, respond to calls for service and investigate crimes.

Each county in Illinois also has a sheriff. The sheriff is an elected position, and sheriffs serve a four-year term. Cook County has one of the largest police departments in the state. Most municipalities will also have their own police department.

Can law enforcement officers ask about immigration status?

Law enforcement officers can ask about immigration status, but in sanctuary states like Illinois, limits are placed on state and local police in their cooperation with federal immigration authorities. Illinois State Police, the Chicago Police Department and some suburban departments have policies against inquiring about immigration status unless someone is in custody.

Federal agents can ask to see documents related to your immigration status. According to the American Civil Liberties Union, if you are not a U.S. citizen and have any valid immigration documentation (such as a permanent resident card, an employment authorization card or a certificate of naturalization), you must show that documentation to a federal immigration agent.

Why don’t all police departments help with immigration enforcement?

Research shows that sanctuary policies, like those in Illinois and Chicago, actually improve public safety.

Chicago city officials point to FBI data showing that welcoming policies allow local law enforcement to focus on keeping neighborhoods safe. These policies also encourage immigrant communities to cooperate with law enforcement. These are reasons, officials say, to uphold welcoming city status.

What impact will the federal lawsuit against the city and state have?

The Department of Justice filed a lawsuit last week against the city of Chicago, the state of Illinois and Cook County over the sanctuary laws that limit cooperation with immigration authorities.

The lawsuit was filed in federal court in Illinois, accusing those jurisdictions of “making it more difficult for, and deliberately impeding, federal immigration officers’ ability to carry out their responsibilities.”

Chicago Mayor Brandon Johnson responded that Chicago will stand by its policies. Illinois Gov. JB Pritzker said the state’s laws protecting undocumented immigrants comply with federal law.

During the first Trump administration, the Justice Department tried to withhold funding from Illinois and Chicago, but those efforts were defeated in federal court.

Do undocumented immigrants have constitutional rights?

Yes. Under the U.S. Constitution, undocumented immigrants have the right to due process, the right to legal counsel and the right against unreasonable searches and seizures. Other rights include the right to be with family — meaning the government cannot separate family members without a legal process — and the right to education.

If you are questioned about your immigration status, you have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen or how you entered the country.

If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status.