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Oak Park, IL Immigration Policy: Sanctuary Policy Preemption (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No. Section 13-7-2 bars any Village agent or agency from requesting or investigating a person's citizenship or immigration status unless a court orders the inquiry, though the Village Attorney may look into status when relevant to litigation involving the Village.
Will the Village hold someone for ICE on a detainer alone?
No. Section 13-7-5.A prohibits detaining a person past their release-eligible date based solely on an ICE detainer, an administrative warrant, or a belief the person lacks legal status.
Can ICE use Village property to stage an enforcement operation?
No. Section 13-7-5.E blocks any Village-owned parking lot, garage, or vacant lot from being used as a staging area, processing location, or operations base for civil immigration enforcement.
Can I sue the Village if an officer breaks this ordinance?
No. Section 13-7-8 states the ordinance creates no basis for liability against the Village or its agents; the exclusive remedy is the Village's internal disciplinary procedure for officers and employees.

Sources & Official References

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