WELCOMING CITY ORDINANCE

Municipal Code of Chicago tit. 2, ch. 2-173

in effect

Municipal Code of Chicago § 2-173-005 Purpose and intent.

2-173-005 Purpose and intent. The vitality of the City of Chicago (the "City"), one of the most ethnically, racially and religiously diverse cities in the world, where one-out-of-five of the City's residents is an immigrant, has been built on the strength of its immigrant communities. The City Council finds that the cooperation of all persons, both documented citizens and those without documentation status, is essential to achieve the City's goals of protecting life and property, preventing crime and resolving problems. The City Council further finds that assistance from a person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting the safety of all its residents. The cooperation of the City's immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security in the entire City. Furthermore, immigrant community members, whether documented citizens or not, should be treated with respect and dignity by all City employees and should not be subjected to physical abuse, threats or intimidation. One of the City's most important goals is to enhance the City's relationship with the immigrant communities. Due to the City's limited resources; the complexity of immigration laws; the clear need to foster the trust of and cooperation from the public, including members of the immigrant communities; and to effectuate the City's goals, the City Council finds that there is a need to clarify the communications and enforcement relationship between the City and the federal government and to clarify what specific conduct by City employees is prohibited because such conduct significantly harms the City's relationship with immigrant communities. The purpose of this chapter is to establish the City's procedures concerning immigration status and enforcement of federal civil immigration laws and to identify conduct that City employees may not engage in when interacting with community members. (Added Coun. J. 9-12-12, p. 33041, § 1; Amend Coun. J. 10-5-16, p. 33830, § 2)

Municipal Code of Chicago § 2-173-010 Definitions.

2-173-010 Definitions. For purposes of this Chapter, the following definitions shall apply: "Administrative warrant" means an immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose, non-limiting examples of which include Form I-200 "Warrant for the Arrest of Alien", Form I-205 "Warrant of Removal/Deportation", any predecessor or successor form, and all wants, hits, or requests contained in the "Immigration Violator File" of the FBI's National Crime Information Center database. This definition does not include a criminal warrant issued upon a judicial determination of probable cause, and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article I, Section 6 of the Illinois Constitution. "Agency" means every City department, agency, division, commission, council, committee, board, other body, or person established by authority of an ordinance, executive order, or City Council order. "Agent" means any person employed by or acting on behalf of an agency. "CBP" means United States Customs and Border Protection. "Citizenship or immigration status" means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States. "Coercion" means the use of improper or unlawful force or threats, express or implied, in order to compel a person to act against his or her will. As defined herein, "coercion" includes compelling a person to make statements. "Contact information" means any information which assists in contacting an individual, including, but not limited to, telephone numbers, social media identifiers, electronic mail addresses, or home or work addresses. "Continued presence" means a temporary immigration status provided to individuals identified by law enforcement as potential victims of human trafficking, allowing those individuals to remain in the U.S. temporarily during an ongoing investigation into the potential human trafficking-related crimes committed against them. "CPD" means the Chicago Department of Police. "HSI" means Homeland Security Investigations. "ICE" means the United States Immigration and Customs Enforcement Agency and shall include any successor agency charged with the enforcement of civil immigration laws. "Immigration detainer" means a request by ICE to a federal, state or local law enforcement agency to provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law, non-limiting examples of which include detainers issued pursuant to Sections 1226 or 1357 of Title 8 of the United States Code or Sections 287.7 or 236.1 of Title 8 of the Code of Federal Regulations, Form I-247A "Immigration Detainer – Notice of Action" and any predecessor or successor form. "Verbal abuse" means the use of oral or written remarks that are overtly insulting, mocking or belittling, directed at a person based upon the actual or perceived race, immigration status, color, ancestry, or national origin. (Added Coun. J. 3-29-06, p. 74325, § 1; Amend Coun. J. 9-12-12, p. 33041, § 1; Amend Coun. J. 10-5-16, p. 33830, § 3; Amend Coun. J. 1-15-20, p. 12950, § 1; Amend Coun. J. 1-27-21, p. 26741, Art. I, § 1)

Municipal Code of Chicago § 2-173-020 Immigration enforcement prohibited.

2-173-020 Immigration enforcement prohibited. (a) No agent or agency shall participate in civil immigration enforcement operations or assist the civil enforcement of federal immigration law, unless required to disclose information as addressed in Section 2-173-030(a). Specifically, no agency or agent shall: (1) stop, arrest, detain, or continue to detain a person (A) solely on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation. (B) based upon an administrative warrant, including, but not limited to, those entered into the Federal Bureau of Investigation's National Crime Information Center database, or successor or similar database maintained by the United States. (C) based upon an immigration detainer. (2) permit ICE agents (A) access, including by telephone, to a person being detained by, or in the custody of, the agency or agent. (B) use of agency facilities for investigative interviews or other investigative purpose. (3) expend their time responding to ICE inquiries or communicating with ICE regarding a person's custody status, release date, or contact information. An agency or agent is authorized to communicate with ICE in order to determine whether any matter involves enforcement based solely on a violation of a civil immigration law. (4) enter into an agreement under Section 1357(g) of Title 8 of the United States Code or any other provision of federal law that permits state or local governmental entities to enforce federal civil immigration law. (5) transfer any person into ICE custody for the sole purpose of civil immigration enforcement. (6) set up a traffic perimeter or provide on-site support to assist a civil immigration enforcement operation. (b) If CPD receives a request from ICE, HSI, CBP, or another successor agency to provide assistance with a civil immigration enforcement operation, a CPD supervising officer shall determine whether such request is to assist in the enforcement of civil immigration law. If the supervisor determines that the request is to assist in the enforcement of civil immigration law, the supervisor shall decline the request. The supervisor shall also notify the Office of Emergency Management and Communications with an identifier that indicates that the event is a request for assistance with civil immigration enforcement. (c) The Corporation Counsel, in consultation with appropriate stakeholders, shall develop model policies for public libraries, community mental health centers, administrative hearing facilities, and any other appropriate public facilities administered or operated by the City to ensure that all such facilities remain safe and accessible to all Chicago residents, regardless of immigration status. All such facilities shall establish public policies that limit immigration enforcement operations on their premises to the fullest extent possible consistent with federal and state law. The Corporation Counsel shall review such policies when immigration law changes such that the policies may need to be changed. The City shall also make such policies available to facilities operated by Sister Agencies, including public schools and park district facilities. (Added Coun. J. 3-29-06, p. 74325, § 1; Amend Coun. J. 11-8-12, p. 38872, § 24; Amend Coun. J. 1-27-21, p. 26741, Art. I, § 1)

Municipal Code of Chicago § 2-173-025 Reserved. Editor's note – Coun. J. 1-27-21, p. 26741, Art. I, § 1, repealed § 2-173-025, which pertained to threats based on citizenship or immigration status prohibited.

Municipal Code of Chicago § 2-173-030 Intentional collection and sharing of citizenship or immigration status information.

2-173-030 Intentional collection and sharing of citizenship or immigration status information. (a) Unless required to do so by statute, federal regulation, court order, or a lawfully issued judicial warrant, (1) no agent or agency shall request, maintain, or share the citizenship or immigration status of any person unless such disclosure has been authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual's parent or guardian. Notwithstanding this provision, the Corporation Counsel may investigate and inquire about immigration status when relevant to potential or actual litigation or an administrative proceeding in which the City is or may be a party. (2) no applications, questionnaires, or interview forms used in relation to City of Chicago benefits, opportunities, or services shall contain questions regarding citizenship or immigration status. Departments shall annually review such materials and amend them to conform with the requirements of this subsection. (b) No agency or agent shall enter into or renew any agreement providing direct access to any electronic database or other data-sharing platform maintained by any agency, or otherwise provide direct access to such database, to any federal agency, if the agency or agent determines that the purpose of such access is for the enforcement of civil immigration law. (Added Coun. J. 3-29-06, p. 74325, § 1; Amend Coun. J. 11-8-12, p. 38872, § 25; Amend Coun. J. 1-27-21, p. 26741, Art. I, § 1)

Municipal Code of Chicago § 2-173-040 Unequal treatment prohibited.

2-173-040 Unequal treatment prohibited. (a) No agent or agency shall condition the provision of City of Chicago benefits, opportunities, or services on matters related to citizenship or immigration status unless required to do so by statute, federal regulation, or court order. (b) Where presentation of an Illinois driver's license or identification card is accepted as adequate evidence of identity, presentation of a photo identity document issued by the person's nation of origin, such as a driver's license, passport, or matricula consular (consulate-issued document), shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided an Illinois driver's license or identification card except that this subsection (b) shall not apply to the completion of the federally mandated I-9 forms. (c) No agent or agency shall coerce, including through the use of improper or unlawful threats of deportation, or engage in verbal abuse of any person based upon the person's or the person's family members' actual or perceived citizenship or immigration status. For purposes of this section, "family member" means a person's (i) mother, father, spouse, brother or sister (including blood-, step-, or half-), son or daughter (including blood-, step-, or half-), father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent, or grandchild; or (ii) court-appointed legal guardian or a person for whom the person is a court-appointed legal guardian; or (iii) domestic partner or the domestic partner's mother, father, brother, sister (including blood-, step-, or half-), son, or daughter (including blood-, step-, or half-). (Added Coun. J. 3-29-06, p. 74325, § 1; Amend Coun. J. 11-8-12, p. 38872, § 26; Amend Coun. J. 1-27-21, p. 26741, Art. I, § 1)

Municipal Code of Chicago § 2-173-042 Reserved. Editor's note – Coun. J. 1-27-21, p. 26741, Art. I, § 1, repealed § 2-173-042, which pertained to civil immigration enforcement actions – federal responsibility.

Municipal Code of Chicago § 2-173-043 Reserved. Editor's note – Coun. J. 1-27-21, p. 26741, Art. I, § 1, repealed § 2-173-043, which pertained to prohibited activities.

Municipal Code of Chicago § 2-173-050 No private cause of action.

2-173-050 No private cause of action. This chapter does not create or form the basis for liability on the part of the City, its agents, or agencies. A remedy for the violation of this chapter shall be through the City's disciplinary procedures for officers and employees under regulations including but not limited to this City personnel rules, union contracts, civil service commission rules, or any other agency rules and/or regulations. A person alleging a violation of this chapter against a member of the Chicago Police Department shall forward a complaint to the Civilian Office of Police Accountability, or any successor independent police review agency; all other complaints shall be forwarded to the Office of the Inspector General ("Inspector General") who shall process it in accordance with the complaint-processing procedures established in Chapter 2-56 of this Code. Nothing in this section shall preclude an individual from seeking injunctive or declaratory relief for a violation of this Chapter. (Added Coun. J. 3-29-06, p. 74325, § 1; Amend Coun. J. 10-5-16, p. 33830, § 5; Amend Coun. J. 11-20-19, p. 9510, Art. II, § 10; Amend Coun. J. 1-15-20, p. 12950, § 1; Amend Coun. J. 11-7-22, p. 54948, Art. I, § 14)

Municipal Code of Chicago § 2-173-060 Reserved. Editor's note – Coun. J. 1-27-21, p. 26741, Art. I, § 1, repealed § 2-173-060, which pertained to exchanging file information.

Municipal Code of Chicago § 2-173-065 Reserved. Editor's note – Coun. J. 1-27-21, p. 26741, Art. I, § 1, repealed § 2-173-065, which pertained to policies for public facilities.

Municipal Code of Chicago § 2-173-067 Calls related to immigration enforcement operations.

2-173-067 Calls related to immigration enforcement operations. The City shall take reasonable steps to provide a service through 311 that provides callers with information on immigration resources, which may include directing calls to an organization that can provide assistance. If such a system is established, the City shall ensure that residents who have limited proficiency in the English language have meaningful access to such service in accordance with Chapter 2-40 of the Municipal Code of Chicago. (Added Coun. J. 1-15-20, p. 12950, § 1)

Municipal Code of Chicago § 2-173-069 Reporting requirements.

2-173-069 Reporting requirements. (a) In order to ensure compliance with this Chapter, starting July 1, 2020, CPD shall submit a quarterly report to the Office of the Mayor and the Office of the Inspector General describing its compliance with this Chapter in the preceding quarter, which shall include: (1) A list of the notifications made by CPD to the Office of Emergency Management and Communications with events describing a request for assistance with the enforcement of federal civil immigration law, as required under Section 2-173-020(b). (2) With regard to immigration detainers or administrative warrants received by CPD that are related to enforcement of civil immigration law: (A) The date that CPD received the immigration detainer or administrative warrant; and (B) Whether CPD transferred the individual subject to the immigration detainer or administrative warrant to a federal agency's custody and, if so, which agency. (b) The Office of the Mayor and the Office of the Inspector General shall make such reports publicly available, including through the Internet. (Added Coun. J. 1-15-20, p. 12950, § 1; Amend Coun. J. 1-27-21, p. 26741, Art. I, § 1)

Municipal Code of Chicago § 2-173-070 Cooperation with individuals reporting crime.

2-173-070 Cooperation with individuals reporting crime. CPD shall cooperate with those who report crimes, regardless of whether such report is made by a witness or a victim, and regardless of the citizenship or nation of origin of the reporter. Upon receiving a request for completion of a law enforcement certification form or statement required by federal immigration law certifying that a person is a victim of qualifying, criminal activity, a certifying official shall complete the certification form for any victim of qualifying criminal activity in accordance with 5 ILCS 825/10 of the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Such certifying official may be a member of a collective bargaining unit represented by a labor organization. (Added Coun. J. 1-27-21, p. 26741, Art. I, § 1) Editor's note – Coun. J. 1-15-20, p. 12950, § 1, repealed former § 2-173-070, which pertained to severability.

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2605237Fetched: 10/24/2026