CHICAGO (CBS) — With President Donald Trump’s so-called border czar Tom Homan promising that Chicago will be “ground zero” for their plan for mass deportations, a recent advisory from the Chicago Police Department has provided insight into what officers will be allowed to do when the time comes. to that effort to deport undocumented immigrants once Trump comes to power.
Police sources said a special command advisory was recently issued to supervisors on “responding to incidents involving the citizen”.
Among the things stated therein, department members will not assist in enforcing immigration law unless police action is due to an immediate problem or violation of public safety; and they will not stop, arrest or detain anyone based solely on immigration status.
“You don’t want to pick people up on the street because they look like they’re Hispanic, and you wonder if they’re here legally or not. You can’t do that. Maybe that’s what the federal government wants.” a few weeks, but you can’t do that,” said CBS News Chicago legal analyst Irv Miller.
Miller said the CPD advisory — which is based on Chicago’s Welcoming City ordinance, intended to protect undocumented immigrants — mirrors the Illinois TRUST Act, a state law that prohibits law enforcement from cooperating with U.S. immigration and customs enforcement officers (ICE). This means that police cannot collect or provide information about a person’s immigration status.
In cases where an undocumented immigrant has been arrested, ICE officials can issue a detainer notice and ask police to hold him for 48 hours until ICE agents can take him into federal custody, but Illinois law prohibits such cooperation except in cases in which the person is confronted by a federal criminal. arrest warrant.
“Whether or not they believe the person is here legally or not, they need to execute the federal arrest warrant,” Miller said.
When asked about the advice given to police supervisors, CPD officials said in a statement:
“The Chicago Police Department enforces the Municipal Code of the City of Chicago, which includes the Welcoming City Ordinance. CPD does not document immigration status or share information with federal immigration authorities in accordance with the regulation. We will not intervene or interfere with any other government agencies carrying out their duties.”
Miller said the Welcoming City ordinance and the Illinois TRUST Act violate a federal statute that states it is a crime for anyone to “bring any such extraterrestrial alien into any place, including any building or conveyance.”
Violation of that federal statute is punishable by up to five years in prison.
Ald. Ray Lopez (15th) said he has seen the CPD advisory and feels it ties officers’ hands and prevents them from fulfilling their oath.
Lopez said he plans to vote Wednesday on an ordinance that would revive four exceptions to the Welcoming City Ordinance, which would allow police to cooperate with federal immigration authorities when someone has been arrested or convicted of:
gang-related activities, including but not limited to loitering, intimidation and recruitment;
drug-related activities, including, but not limited to, the purchase, sale, or distribution of substances considered illegal drugs by the Food and Drug Administration;
prostitution-related activities, including, but not limited to, the solicitation, performance or trafficking of adults;
sexual crimes involving minors
“Only in cases where individuals choose to commit crimes, when they are arrested or convicted of gang-related, drug-related crimes, prostitution, human trafficking-related crimes or sex crimes against minors, would we want to work with the federal government to address the issues. these individuals,” Lopez said.
However, critics say Lopez’s proposal could raise due process concerns by allowing police to enforce immigration enforcement in cases where someone has been accused but not convicted of a crime.