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Proposal to restrict, monitor ICE in Downers Grove rejected by Village Council

Resolution called for prohibiting agents from staging on village property

Sean Rowe of Bensenville leads a demonstrators in chants Sept. 7 during a protest outside the Hampton Inn & Suites in Downers Grove where ICE agents are staying.

The Downers Grove Village Council has rejected two proposed resolutions designed to monitor the actions of ICE and border control agents in the community and prevent the agencies from staging on village property.

Both resolutions, which were proposed by Commissioner Leslie Sadowski-Fugitt, were discussed at the Nov. 18 council meeting.

The measures failed 4-3, with commissioners Tammy Sarver and Chris Gilmartin joining Sadowski-Fugitt in support and Mayor Bob Barnett and commissioners Martin Tully, Rob Roe and Mike Davenport opposing the proposals.

“As a municipality, I’m really interested in making sure that when our residents report that there is something happening in the village, that we just have our eyes on it and again have camera footage that everything is going down as the judges have suggested that it should,” Sadowski-Fugitt said.

“We need to be clear that our law enforcement is here for the people and they are taking seriously when people have concerns,” she said.

Sadowski-Fugitt said police body camera footage of the ICE and border control activity could be part of a record for potential court violations sent to the U.S. Attorney General’s office.

“Something as simple as keeping a record of ICE activity certainly falls within the parameters of providing due process to people who share our country with us,” Sarver said.

But Barnett voiced concerns that the measure could be misinterpreted or send the wrong message.

“I think what’s here doesn’t help and it runs the risk of telling people we’ve done something that makes it safer,” Barnett said.

“If you are an immigrant in Downers Grove right now, you are likely living in fear. I can’t imagine you’re not. And I don’t want to take any actions as a village that does one of two things: gives somebody the impression that we somehow have made it safe or protected them when we haven’t,” Barnett said.

“Compiling evidence for some future lawsuit does not prevent anyone from getting thrown in a van.”

“No, but at least we know they were thrown in a van because there are cases in which people didn’t even know that,” Sadowski-Fugitt countered.

Barnett also said that the village cannot presume that the presence of ICE or border patrol agents on village property means they’re breaking the law.

Davenport agreed.

“If we prohibit the staging on village of Downers Grove property, then where is it going to happen because they’re still going to do what they want to do,” he said. “It feels like there’s a presumption that those activities are illegal.”

Davenport said that residents already can call 911 if they see someone’s rights being violated.

“I don’t see where these actions will make our residents safer, and I don’t know if it will prevent any of these things from happening,” he said. “I fully support the motivation behind doing this. I just don’t know if this is going to accomplish what we want to get done.”

Tully questioned whether or not the village could move forward with the resolutions.

“It still strikes me that these two proposals are beyond the purview of what an Illinois municipality can and should be involved with,” Tully said.

Until that question is answered, Tully said he’s not ready to direct village staff to prepare resolutions.

Gilmartin said the village must further explore “whether this is reasonable, lawful for us to do as a village.”

“I share the concern that these are unconstitutional practices,” he said.

He added that resolutions that address the property the village manages and “what our police will do when called. Those are absolutely things that are in our purview.”

The council agreed that the matter should be further researched by members of the village staff.