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File #: 25-450   
Type: Resolution Status: Agenda Ready
File created: 11/13/2025 In control: County Board
On agenda: 11/17/2025 Final action:
Title: PROHIBITING THE UNAUTHORIZED USE OF KANE COUNTY OWNED PARKING LOTS, VACANT LOTS, AND GARAGES FOR CIVIL IMMIGRATION ENFORCEMENT ACTIVITIES AND AUTHORIZING SIGNAGE TO ENSURE COMPLIANCE WITH THE ILLINOIS TRUST ACT AND ILLINOIS ACCOUNTABILITY COMMISSION REQUIREMENTS
Attachments: 1. Exec. Sum.
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Prohibiting the Unauthorized Use of Kane County Owned Parking Lots, Vacant Lots, and Garages for Civil Immigration Enforcement Activities and Authorizing Signage to Ensure Compliance with the Illinois Trust Act and Illinois Accountability Commission Requirements

 

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WHEREAS, the Kane County Board is committed to ensuring the safety, dignity, and human rights of all residents, including immigrants, consistent with the Illinois TRUST Act (5 ILCS 805); and

 

WHEREAS, recent reports and community concerns in Kane County regarding individuals identifying as federal immigration agents and the potential use of local public property for civil immigration enforcement activities have highlighted the need for clarity regarding County authority, County property-use policies, and protections required under Illinois law; and

 

WHEREAS, the Kane County Board affirms that all people, regardless of immigration status, are entitled to dignity, due process, and equal protection under the United States Constitution; and

 

WHEREAS, the Illinois TRUST Act prohibits local law enforcement personnel from detaining individuals solely based on civil immigration detainers or assisting federal civil immigration enforcement without a judicial warrant or court order; and

 

WHEREAS, Executive Order 25-06 issued by the Governor of the State of Illinois establishes the Illinois Accountability Commission to ensure compliance by local governments with state
laws relating to civil rights, public safety, and immigrant protections, including the Illinois TRUST Act, and requires transparency and cooperation with its oversight and reporting functions; and

 

WHEREAS, the County maintains authority and responsibility over the management, use, and security of County owned property, facilities, resources, and personnel; and

 

WHEREAS, unauthorized use of County property for civil immigration enforcement staging or processing may compromise public operations and conflict with County policies regulating its property; and

 

WHEREAS, nothing in this resolution is intended, nor shall it be construed, to impede, obstruct, or interfere with the lawful duties of authorized federal officers.

 

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that:

 

Section 1. Use of Kane County-Owned Property

County owned property including parking lots, vacant lots, or garages shall not be used as staging areas, processing sites, or operational bases for civil immigration enforcement.

 

Definitions

 

“Staging area” means a location used to assemble, mobilize, or deploy personnel, vehicles, equipment, or materials for operations.

 

“Processing site” means any location used by federal immigration authorities to temporarily detain, question, identify or transport individuals for purposes related to civil immigration enforcement.

 

‘Operational bases” means any temporary or sustained location used by federal immigration authorities to coordinate, plan, manage or support actions related to civil immigration enforcement.

 

“Civil immigration enforcement” means actions by federal immigration authorities related to civil immigration law violations, but does not include criminal enforcement operations or execution of judicial warrants.

 

Section 2. Signage and Compliance

To ensure compliance with state law, promote transparency, and provide public notice of County policy consistent with oversight required by the Illinois Accountability Commission standardized signage shall be posted at County owned properties stating that: County facilities cannot be used for staging, processing sites or operational bases for civil immigration enforcement.

Nothing in the signage restricts or impedes lawful duties of authorized federal officers.

 

 

Section 2. Signage and Compliance

To ensure compliance with state law, promote transparency, and provide public notice of County policy consistent with oversight required by the Illinois Accountability Commission standardized signage shall be posted at County owned properties stating that:

County property cannot be used for staging, processing sites or operational bases for civil immigration enforcement.

 

 

 

 

 

 

 

 

Section 3. Findings and Reporting Compliance

The Administration Department shall monitor access and secure County properties including parking lots and garages.

Any County department employee or agent who becomes aware of the attempted or actual use of a County owned properties, including parking lots, vacant lots, garages, or other property as a staging area, processing location, or operational bases for civil immigration enforcement may voluntarily report the same to their Supervisor as soon as they are able, who shall then report to the County Board Office.

To ensure ongoing compliance with the Illinois TRUST Act and Executive Order 25-06 establishing the Illinois Accountability Commission:

 

The County Board Chairman or designee shall document and maintain records concerning:

 

1.                     Any unauthorized attempts to utilize County property for civil immigration enforcement activity.

2.                     Staff reports made pursuant this resolution.

3.                     Compile and update compliance summaries annually.

4.                     Provide any required reports or cooperation to the Illinois Accountability Commission.

5.                     Ensure policies, and signage remain consistent with Illinois law.

 

County departments shall support transparency and good-faith cooperation with any lawful inquiries or oversight conducted pursuant to state accountability authority.

 

 

Section 4. Scope and Legal Compliance

 

 

This resolution does not:

                     Interfere with valid leases or agreements involving County properties,

                     Restrict the execution of lawful judicial warrants or criminal law enforcement; and

                     Prevent authorized use of County properties for lawful purposes.

 

 

Section 5. Effective Date

This resolution shall take effect December 1, 2025

 

Passed by the Kane County Board on November 17, 2025.

 

 

 ____________________________               ____________________________

John A. Cunningham, MBA, JD, JD               Corinne M. Pierog MA, MBA

Clerk, County Board                                       Chairman, County Board

Kane County, Illinois                                       Kane County, Illinois

 

Vote: