Oak Park, IL Immigration Policy: Sanctuary Policy Preemption (2026)
Key Facts
- Adopted
- Ord. 17-180, Feb. 6, 2017
- Amended
- Ord. 25-204, Nov. 4, 2025
- Governs
- Village agents/agencies, not residents
- Detainers
- Not honored absent a court order
- ICE cooperation
- 1357(g) agreements barred
- Private lawsuit
- None; remedy is internal discipline
Summary
Oak Park's Welcoming Village ordinance bars Village agents and agencies from asking about a person's citizenship or immigration status, honoring ICE detainers, or entering 8 U.S.C. section 1357(g) cooperation deals with federal immigration authorities. Codified in the Human Rights chapter and amended in November 2025, it also blocks ICE from using Village property, staff time, or databases for civil immigration enforcement.
13-7-2: REQUESTING INFORMATION PROHIBITED: ... No agent or agency shall request information about or otherwise investigate or assist in the investigation of the citizenship or immigration status of any person unless such inquiry or investigation is required by an order of a court of competent jurisdiction. ... 13-7-5: ... CIVIL IMMIGRATION ENFORCEMENT ACTIONS; FEDERAL RESPONSIBILITY: A. No agency or agent shall stop, arrest, detain, or continue to detain a person after that person becomes eligible for release from custody or is free to leave an encounter with an agent or agency, based on any of the following: 1. An immigration detainer; ... ... C. No agency or agent shall enter into an agreement under section 1357(g) of title 8 of the United States Code or any other federal law that permits state or local governmental entities to enforce federal civil immigration laws.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-9: Code current through: Ord. 26-159, passed - -2026).
Full Breakdown
Article 7 of Chapter 13 (Human Rights) sets out the Village's Welcoming Village policy. Section 13-7-2 bars any Village agent or agency from requesting information about, investigating, or assisting in investigating a person's citizenship or immigration status unless a court orders it; the Village Attorney may still investigate status when relevant to actual or potential litigation involving the Village. Section 13-7-3 prohibits coercing or verbally abusing anyone, including their family members, based on real or perceived citizenship or immigration status, defining 'family member' broadly to include in-laws, grandparents, and domestic partners.
Section 13-7-4 bars conditioning Village benefits, services, or opportunities on immigration status and requires the Village to strip citizenship questions from its own applications and interview forms, except for federally mandated I-9 forms. Section 13-7-5 is the core detainer policy: no agent may stop, arrest, or continue detaining someone based solely on an ICE detainer, an administrative warrant, or a belief the person lacks legal status once that person becomes eligible for release; the Village will not accept ICE requests to assist enforcement operations, will not sign a 1357(g) agreement letting local staff enforce federal immigration law, and, absent a valid criminal warrant, will not give ICE agents access to a detainee, transfer anyone into ICE custody, or let ICE use Village databases or equipment.
No Village-owned parking lot, garage, or vacant lot may serve as an ICE staging or processing area. Section 13-7-6 bars staff from helping build a federal registry of residents by ancestry, national origin, or religion. The ordinance was adopted by Ord. 17-180 on February 6, 2017, and amended by Ord. 25-204 on November 4, 2025.
Violations & Fines
Section 13-7-8 makes Village disciplinary procedure the exclusive remedy: the ordinance 'does not create or form a basis for liability on the part of the Village, its agents, or agencies,' so residents cannot sue over a violation. An agent who breaches the article instead faces internal Village discipline through the chain of command, the same channel Section 13-7-5.B requires supervisors to use when documenting a declined ICE request.
Frequently Asked Questions
Can Oak Park police ask about my immigration status?
Will the Village hold someone for ICE on a detainer alone?
Can ICE use Village property to stage an enforcement operation?
Can I sue the Village if an officer breaks this ordinance?
Sources & Official References
Other rules in Oak Park
Compare Oak Park 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.