After residents spent two months urging St. Charles to prohibit ICE and federal immigration officers from using city-owned property for their activities, city officials said they won’t enact such a measure.

Mayor Clint Hull said the city does not support such an ordinance because officials determined it would to be “unenforceable.” He also said it would give residents a “false sense of security.”

Instead, on Jan. 20 Hull and all 10 City Council members signed a proclamation underlining the city’s compliance with the Illinois TRUST Act and all relevant state and federal laws. The TRUST Act prohibits local law enforcement from aiding or coordinating with federal immigration officials.

The proclamation says local law enforcement is committed to protecting all residents within the bounds of lawful authority. It says the city does not engage in federal civil immigration enforcement.

It further says all residents deserve to live with respect, dignity and safety, proclaiming St. Charles an inclusive community where people can live in peace without fear. And the document states the city will continue to foster transparency, communication and collaborative partnerships throughout the community.

“The city continues to support the constitutional rights afforded to all persons and remains committed to the due process and the rule of law,” the proclamation reads.

The city also created a website providing information and resources about people’s rights as it relates to citizenship status, the TRUST Act and local police roles. The website encourages people to call 911 as needed, saying no one will be denied police, fire or emergency medical assistance based on their immigration status.

Hull said since Nov. 17, he and Council members have listened to and corresponded and met with members of the public discussing possible city action. He said common public refrains included “Do something,” and “Your silence is deafening.”

Hull said some Council members believe the city’s proclamation does not go far enough; others believe it goes too far.

Before the proclamation, Kane County State’s Attorney Jamie Mosser said local ordinances prohibiting federal law enforcement activities are unenforceable due to the Supremacy Clause giving precedence to federal laws over state and local rules.

The mayor stated: “I, as a lawyer, a former judge and a mayor, strongly oppose passing an ordinance that is contrary to the opinion of our elected state’s attorney, to the opinion of [City Attorney Jim McMahon] and, from an enforcement perspective, is not enforceable. It places enforcement expectations on our police that cannot be met and gives our residents a false sense of security. It’s bad policy.”

He said this opinion reflects that of the majority of City Council.

A growing list of communities have banned civil immigration enforcement on public property includes, Elgin, Aurora, Batavia, and the Kane County Board.

Hull said the city studied neighboring communities who have passed ordinances to see if they have prevented ICE from operating in their towns.

“The ordinances passed by our neighboring communities have had no impact on curtailing immigration enforcement,” Hull said.

Hull acknowledged the “heartbreaking” stories shared with him detailing the effects of being targeted by federal immigration agents.

He said he’s heard stories of residents living in constant fear of being detained, some too scared even to shop for groceries. He heard of students being scared to go to school for fear their parents will be taken while they’re gone. He heard anecdotes of local businesses who’ve lost business and others experiencing work shortages because people are afraid to show up.

“We all care. It’s heartbreaking to watch and read what is occurring,” Hull said. “It’s heartbreaking to listen and hear about St. Charles families that are living in fear.”

Hull said he believes in accountability if someone breaks the law, whether it’s local, state or federal. He said if a person enters the country illegally, they “should be held accountable.”

The mayor said while the city does not have influence over the federal government’s immigration enforcement, he expects all federal and state agencies coming to town to follow the law and afford those arrested with due process.

“The government also needs to be held accountable and to be made sure they follow the Constitution and the laws of our state,” Hull said. “Due process is guaranteed to all persons charged with a criminal offense regardless of their citizenship status, as guaranteed by the Due Process Clause and the Supreme Court.”

Federal immigration authorities have faced numerous allegations of violations of due process rights, including recently by lawyers arguing those detained are being denied their constitutional right to see an attorney.

‘Hoping I don’t get shot in the head’

After listening to the city’s proclamation, several residents asked what can be done to protect their neighbors if elected city officials won’t act on an ordinance.

Resident Kathy Brenz asked why St. Charles has failed to act, arguing towns like Evanston have demonstrated a legal framework for how local ordinances can better keep the community safe.

“My personal plan is to continue with any appropriate peaceful protest, and if I should hear of a raid, attempt to get to the scene, protest, and ask anyone who has been taken for a phone number” to notify somebody, Brenz said during the meeting. “I will also be hoping I don’t get shot in the head.”