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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Code
MCC Ch. 2-173
No detainer-only holds
2-173-020(a)(1)
ICE facility access barred
2-173-020(a)(2)
Status info needs written consent
2-173-030(a)(1)

Summary

City agencies and police are barred from helping ICE with civil immigration enforcement or holding people on detainers alone.

No agent or agency shall participate in civil immigration enforcement operations or assist the civil enforcement of federal immigration law... 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... (C) based upon an immigration detainer.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-74: Current through Council Journal of June 17, 2026).

Full Breakdown

Chicago's Welcoming City Ordinance (MCC Ch. 2-173) bars city agencies and agents from stopping, arresting, or detaining someone solely because of suspected immigration status or a civil immigration detainer, and bars CPD from giving ICE agents facility access or setting up traffic perimeters to help an enforcement operation. Agencies also can't ask about, keep, or share a person's citizenship or immigration status without written consent, with narrow exceptions for statute, court order, or litigation. A CPD supervisor must review and can decline ICE assistance requests.

Violations & Fines

No private cause of action under 2-173-050; enforcement runs through internal agency policy and Corporation Counsel oversight, not court claims by individuals.

Frequently Asked Questions

Can Chicago police hold someone just on an ICE detainer?
No. Section 2-173-020(a)(1)(C) bars detaining a person based solely on an immigration detainer.
Can I sue the city if an officer violates this ordinance?
No. Section 2-173-050 states the chapter creates no private cause of action against the city or its agents.

Sources & Official References

Other rules in Chicago

All Chicago rules

Compare Chicago to another location·View the Illinois immigration policy overview

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Sanctuary Policy Preemption in Nearby Cities

How other cities in Cook County handle sanctuary policy preemption.

Skokie, IL
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Oak Park, IL
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Evanston, IL
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