Marengo, Harvard enact laws to deter surprise migrant drop-offs

Following the lead of other McHenry County communities, Marengo and Harvard has taken steps to discourage the unexpected drop-off of migrants in town.

The Marengo City Council on Monday night unanimously approved an ordinance that in effect requires the drivers to provide notice or face fines. The approval was contingent upon language being added to ensure the vehicle is detained until arrangements can be made to safely transport passengers elsewhere.

That way, the passengers have a place to stay, such as a “warm bus,” while the city contacts McHenry County or Chicago for help, Marengo Mayor John Koziol said. This especially is important during extremely cold temperatures, he said.

“We don’t want people to be in danger,” Koziol said. “We just want to make sure everyone gets where they need to be, everyone’s safe and gets the resources they need. We just don’t have those resources here.”

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Crystal Lake, McHenry and Woodstock recently passed similar ordinances, and Harvard’s City Council, likewise, late Tuesday approved a “chartered transportation drop-off license” ordinance.

Harvard, which does have a Metra station with access to Chicago, approved its version of a migrant bus law with a unanimous vote.

Like Marengo, Harvard does not have home rule status. In both cases, charter buses that don’t coordinate a drop off with the city would be fined $750 per person left there.

Harvard officials have been working with area churches to provide shelter for any persons dropped off by a charter bus until they can be send on to Chicago, City Administrator Lou Leone said.

Marengo’s ordinance fines any “omnibus driver” unexpectedly dropping off six or more passengers, “the majority of whom are not permanent residents within the city or within 10 miles of the boundaries of the city of Marengo.”

“Omnibus driver” is defined in the ordinance as “any person employed to drive a passenger carrying vehicle other than a taxi car and all others pursuing like occupations who drive, rent or own vehicles with a lawful capacity of greater than 10 passengers.”

“We’re just trying to cover all loose ends with that term,” said Nick Radcliffe, Marengo’s assistant city administrator.

The driver can be fined up to $750 for each passenger dropped off without at least 48 hours’ prior written notice. The driver also would have to pay the city’s cost of prosecution, including attorney’s fees.

The ordinance defines “passenger” as “any person receiving the services of transportation for hire by an omnibus driver.”

“We can’t prohibit the drop-offs,” Radcliffe said. “What we’re trying to do is prepare to the best of our ability to handle the situation.”

Similar to other municipalities, Marengo’s approved ordinance states that it is in the “best interests of the health, safety and welfare of the city and its residents.”

According to the ordinance, any “omnibus driver” intending to drop at a Marengo destination must apply for and receive a license at a fee of $100 a year. Drop-offs only will be allowed from 10 a.m. to 1 p.m. Monday through Friday, according to the ordinance.

The city must be able to coordinate any arrival of any large group of people “who cannot care for themselves and to ensure that proper care for these individuals is available rather than responding on an emergency basis to unexpected drop-offs at all hours of the day or night and in all weather conditions,” according to the ordinance.

“The ordinance is very similar to what other communities are passing in regard to large drop-offs,” Radcliffe said.

Because Marengo and Harvard do not have home rule status, they must follow the Illinois municipal code, which limits setting fines to a maximum of $750.

Other municipalities throughout the Chicago area and even the country have taken more aggressive steps, such as higher fines and the impoundment of vehicles, Marengo City Attorney David McArdle said.

“We’ve done as much as we can here,” he said.

McHenry County communities began passing ordinances in response to the drop-off of 38 asylum seekers without notice in December at Fox River Grove’s Metra station.

Along with Fox River Grove and Harvard, municipalities in McHenry County that have Metra train stops include Cary, Crystal Lake, Woodstock and McHenry.

Marengo does not have a Metra station, but city leaders say the “immigration crisis” necessitated an ordinance.

“The theory is buses are looking for towns that don’t have ordinances,” McArdle said.

According to the Marengo ordinance, “The immigration crisis in the United States involving a large influx of refugees and immigrants without family, jobs, housing or other resources has placed a significant demand on the resources needed to support these individuals in the communities in which they have arrived.

“Bus services have recently been retained to drop off large numbers of these individuals – including children – without warning at unpredictable hours and in all weather conditions in a manner that leaves the individuals exposed to great risks, and the communities in which they arrive unprepared to assist them adequately.”

The ordinance is about ensuring safety, and is not meant to be punitive, city leaders said.

“The city of Marengo hasn’t had any issues in regard to this, but we want to be prepared just in case,” Radcliffe said. “Better safe than sorry. We don’t envision getting this, but just in case, we have something in place to cover this.”

Jami Kunzer is a freelance reporter. Staff reporter Janelle Walker contributed.