Berwyn, IL Immigration Policy: Sanctuary Policy Preemption (2026)

Berwyn's welcoming-city rules sit in Chapter 620, Community Relations, in the subchapter that opens at § 620.20, which states that the city is by that enactment a "Welcoming City" and that its purpose is to set the city's procedures on immigration status and enforcement of federal civil immigration laws. The City Council adopted the subchapter as Ord. 17-08 on April 11, 2017, and amended § 620.25 by Ord. 25-06 on April 8, 2025 and Ord. 25-22 on October 28, 2025.

The rules bind every "agency," which § 620.21 defines as every city department, division, commission, council, committee, board or person established by ordinance, executive order or order of the corporate authorities, and every "agent," meaning anyone employed by or acting for an agency. The definitions also name the Berwyn Police Department as BPD, so the police are covered like any other department.

Section 620.25(A) bars participation in civil immigration enforcement operations and forbids stopping, arresting or continuing to detain a person on an immigration detainer, on an administrative warrant after the person becomes eligible for release, or on any belief that the person is not legally present. Division (B) refuses federal requests for help with enforcement operations, including traffic perimeters, unless a valid and enforceable court order or subpoena supports the request. Division (C) bars agreements under 8 U.S.C. § 1357(g) and joint taskforces. Division (D) requires a valid criminal warrant or court order before federal agents get access to a detainee, a transfer of custody, or use of city facilities, information or equipment.

Division (E) reaches "city property," defined to include buildings, parking areas, parks, community centers, municipal offices and rights-of-way. An immigration enforcement operation can proceed there only in strict compliance with the provision, which requires a valid judicial warrant or court order expressly authorizing the operation on the specified property. Division (F) directs the City Administrator to develop model policies for public facilities.

Companion sections tighten the rules. Section 620.22 stops agents from requesting, maintaining or disclosing citizenship or immigration status without written authorization and keeps such questions off city forms. Section 620.27 bars city resources for any federal registry of people based on ancestry, national origin or religion. Section 620.26 preserves the ordinary exchange of a person's stated citizenship or immigration status with other agencies.