Chicago is considered a ‘sanctuary city,’ but what does that mean?

CHICAGO - Chicago is widely seen as a "sanctuary city," and that status has been called into question, especially as Mayor Brandon Johnson prepares to travel to Washington, D.C. to testify before Congress about the issue.

The Trump administration, Congressional Republicans, and others in favor of tighter immigration restrictions have lambasted cities like Chicago that have pushed back against efforts to deport undocumented immigrants living in the country.

Johnson has defended the city's immigration policies, and blasted the Trump administration's targeted ICE raids in Chicago as fearmongering.

While the term "sanctuary city" might mean something different depending on who is using it, Chicago, nearby suburbs and even the State of Illinois have passed laws related to their roles in immigration enforcement.

RELATED: Why is Mayor Brandon Johnson testifying before Congress?

Here is what to know.

Welcoming City Ordinance

Dig deeper:

In 2012, under then-Mayor Rahm Emanuel, the Chicago City Council passed the Welcoming City Ordinance, which stops city agencies and employees from getting involved in civil immigration enforcement or helping federal authorities with such efforts.

Proponents of the policy argue that it helps foster trust between immigrant communities and local police. They say encouraging people who are undocumented to cooperate with local law enforcement helps improve public safety.

The ordinance outlines specific restrictions, including the following:

• Agencies and agents cannot stop, arrest or detain individuals based solely on their immigration status or an administrative warrant, such as those found in the FBI’s National Crime Information Center database.
• Immigration and Customs Enforcement (ICE) agents cannot access detainees or use city facilities for investigative purposes.
• City employees are restricted from spending time responding to ICE inquiries about a person’s custody status, release date, or contact information unless it is to determine whether a situation involves solely civil immigration violations.
• Agencies are barred from entering agreements under federal law that allow local entities to enforce federal civil immigration law.
• The transfer of individuals into ICE custody for the purpose of civil immigration enforcement is prohibited.
• City resources cannot be used to assist civil immigration operations, such as setting up traffic perimeters or providing on-site support.

Chicago police still have to follow certain protocols when ICE or other federal agencies ask for help.

Supervisors are responsible for figuring out if the request is about civil immigration enforcement. If it is, they have to decline the request and notify the Office of Emergency Management and Communications.

Chicago also has rules in place to limit how city agencies handle information about people’s immigration or citizenship status.

For example, agencies can’t ask for, keep, or share this information unless federal law, a court order, or a warrant says they have to. There are some exceptions, like if someone gives written permission or if the city’s legal team needs it for certain legal matters.

Also, applications and forms for city services can’t ask about someone’s citizenship or immigration status. Departments need to check and update these forms every year to make sure they’re following the rules.

Finally, federal agencies can’t access city databases or data-sharing platforms if they’re trying to enforce civil immigration laws.

The State of Illinois has a similar law called the Trust Act.

Federal scrutiny

The other side:

The Trump administration has made a point of criticizing Chicago and other big cities with laws limiting local cooperation with federal immigration enforcement.

Last month, the U.S. Department of Justice sued the City of Chicago and State of Illinois, arguing their immigration policies interfere with federal enforcement efforts.

The lawsuit seeks to block laws like the Welcoming City Ordinance because they make it harder for federal authorities to detain undocumented immigrants, including people who have committed violent crimes.

RELATED: DOJ sues Illinois and Chicago over immigration policies

Proposals to change

Local perspective:

Even before the new Trump administration took office, there was discussion among a few Chicago alderpeople about possibly loosening the restrictions on police cooperation with federal immigration agents.

Alds. Raymond Lopez (15th Ward) and Silvana Tabares (23rd Ward) pushed for amending the Welcoming City Ordinance back in late 2023 when the city was facing an influx of migrants being bussed or flown from border states.

The alders wanted to allow Chicago police to be able to alert federal immigration officials about individuals involved in serious criminal activity. They argued that by not assisting in such a manner, the city risks federal agents targeting entire communities, leading to collateral arrests and even deportations.

The proposal received pushback from many other City Council members and when it was brought up for a vote at a meeting last January, a large majority of aldermen voted to block the proposed change.

What's next:

Johnson is scheduled to testify before the U.S. House Committee on Oversight and Government Reform on Wednesday in Washington, D.C.

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