Morton Grove Welcoming Community Ordinance Protects All: Letter

Written and submitted by Jon Lahn, director of Americans in Solidarity - Chicago, and Morton Grove resident.

There has been much discussion lately about the Morton Grove Welcoming Community Ordinance. On March 21, 2017, Americans in Solidarity - Chicago and Open Communities published an open letter in support of the Ordinance that has, to date, been signed by over 150 local residents, business owners, faith leaders, and elected officials. The Ordinance was debated at two Village Board meetings in March, and there will be even more discussion now that Village President Dan DiMaria has called for a “town hall”-style meeting to be held on April 24th.

Much of the opposition to the Ordinance appears to be based on misconceptions about what the Ordinance actually calls for. We believe that after reviewing the Ordinance itself (which is publicly available at the Americans in Solidarity-Chicago website) and considering the following points, the Morton Grove community will see that the Ordinance is a necessary public affirmation of our commitment to equality and inclusion, while staying consistent with existing Morton Grove Police policies and complying with federal law so as not to risk federal funding.

What does the Ordinance do?

The Ordinance provides that Police and other Village authorities will not arrest or detain individuals based solely on potential undocumented status, and will not investigate individuals’ immigration status. It also provides that the Village will not detain individuals for undocumented immigration status in response to voluntary requests or civil warrants from federal authorities, and will not provide Village facilities for federal authorities to conduct immigration investigations. It also provides that Village officials will not transport individuals into ICE custody or coordinate with ICE regarding the timing of individuals’ release from custody.

Does the Ordinance Prevent Criminals From Being Arrested?

No. Crucially, the Ordinance does not prohibit arresting or detaining anyone for committing or allegedly committing any crime - local, state, or federal - regardless of whether they happen to be undocumented. The Ordinance does not prohibit arresting or detaining anyone where there is a criminal warrant, or when federal immigration authorities have a warrant or detainer request that is based on an alleged criminal violation of the immigration laws. The only type of detention/arrest that is prohibited is where the only reason to arrest or detain someone is alleged lack of documentation and there is no suspected crime or criminal warrant.

Does the Ordinance Contradict Existing Morton Grove Police Policies?

No. In fact, everything outlined above is already covered by MGPD’s existing policies that have been in place for years. MGPD already does not investigate immigration status. MGPD already does not arrest or detain people based solely on lack of documentation. And it already does not hold people who would otherwise be released based on civil warrants or voluntary requests from ICE or transport individuals who are ready to be released to ICE custody.

Similarly, the Ordinance prohibits threats or coercion based on immigration status, which would already be prohibited by multiple policies in place. And the Ordinance prohibits maintaining or contributing to a racial or religion-based registry of individuals, which the MGPD clearly does not and would not do.

In short, the Ordinance will not limit or impede our local police from doing their jobs as they always have. It does not represent a departure from the sound policies our law enforcement team has already established.

Does the Ordinance Violate Federal Law or Risk Federal Funding?

No. Some people have expressed concern based on recent statements by President Trump and Attorney General Sessions regarding pulling federal funding from so-called “sanctuary cities.” But the Welcoming Ordinance does not require or allow anyone to break federal law or impede federal law enforcement activities.

Furthermore, the President and Attorney General have threatened action against communities that violate a specific statute, 8 U.S.C. § 1373, which prohibits municipalities from barring their employees from communicating with federal authorities about individuals’ immigration status. The Welcoming Ordinance expressly allows such communications and is modeled on other legislation designed specifically to comply with the requirements of federal law.

Therefore, even if the government were to take action against so-called “sanctuary cities” for violating 8 U.S.C. § 1373, Morton Grove would not be subject to such action. Although Morton Grove receives very little if any direct federal funding, any such funding is not at risk from this proposed Ordinance.

Why is the Ordinance Needed?

Morton Grove is and always has been a diverse and inclusive community. Almost 40% of its residents were born outside the U.S., and over 50% speak a language other than English at home. More than 1500 non-citizens live in Morton Grove according to a recent estimate. Many more non-citizens work and shop here.

Although MGPD has many fine policies in place, those polices are not well known, and are not generally available to the public. Therefore, they do not reassure the community that Morton Grove welcomes and respects everyone, regardless of documentation. A public ordinance will strengthen the existing policies with the force of law and will send a message of welcoming and inclusion that many in the community long to hear.

The Ordinance will also have practical benefits. It will make clear that our local law enforcement will focus their assets and resources on local laws that are essential to community safety, rather than devoting them to the federal task of immigration enforcement. And it will reduce the fear that some crime victims or witnesses may have that reaching out to local law enforcement could lead to detention or deportation for immigration status violations.

In summary, the proposed Welcoming Community Ordinance is consistent with our values as a community and will strengthen existing policies without risking federal funding. It has been carefully crafted to achieve all these goals and deserves all of our support.

Jon Lahn

Morton Grove resident and Director, Americans in Solidarity-Chicago