Will County schools, law enforcement holding to state guidelines on immigration enforcement

Local law enforcement and schools say so far they have had no direct interaction with federal authorities on actions related to immigration roundups or arrests.

“I am not aware of any ICE action or enforcement involving illegal immigrants,” said Dan Jungles, deputy chief with the Will County Sheriff’s Office. “The Will County Sheriff’s Office has not implemented any changes or policies regarding this matter. We are in charge of enforcing state laws not federal laws. The Will County Sheriff’s Office legal counsel is the Will County State’s Attorney’s Office, any legal questions should be directed to that office.”

Illinois Attorney General Kwame Raoul on Thursday issued updated guidance for law enforcement officials across the state, clarifying how Illinois laws on immigration enforcement should be applied.

The move follows a new directive from the U.S. Department of Justice instructing prosecutors to investigate local efforts that the department says may obstruct federal immigration enforcement.

The guidance reaffirms the limitations set by the Illinois TRUST Act and the Illinois Way Forward Act, which restrict cooperation between local law enforcement and federal immigration authorities. Local police are prohibited from detaining individuals solely based on their immigration status and from acting as federal immigration enforcement agents.

Raoul’s guidance emphasizes specific actions prohibited under Illinois law, such as honoring federal immigration detainer requests without a judicial warrant and allowing ICE agents access to individuals in custody without proper legal documentation.

The guidance also reminds law enforcement agencies that sharing personal information about individuals with federal authorities, unless required by law, is a violation of state statutes.

“These laws are designed to foster trust between immigrant communities and local law enforcement,” Raoul said in a news release. “When people fear interacting with police because of their immigration status, it creates safety risks for everyone. This guidance ensures law enforcement agencies understand their responsibilities under state law and helps protect all residents of Illinois.”

Raoul joined attorneys general of California, Colorado, Connecticut, Hawaii, Maryland, Massachusetts, New Mexico, New York, Rhode Island and Vermont, Thursday in issuing a joint statement addressing a memorandum from a Trump political appointee at the U.S. Department of Justice addressing state and local involvement in federal immigration enforcement.

“Despite what he may say to the contrary, the president cannot unilaterally re-write the Constitution,” the statement reads. “The president has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws, interfering with their ability to build trust with the communities they serve and protect. Right now, these vague threats are just that: empty words on paper. But rest assured, our states will not hesitate to respond if these words become illegal actions.”

Where schools stand

Also on Thursday, the Illinois State Board of Education (ISBE) released Non-Regulatory Guidance on Immigration Enforcement Actions, providing actionable steps for schools to take to prepare to respond to immigration enforcement actions on school property under the Trump Administration.

The guidance reinforces students’ longstanding right to public education, regardless of the actual or perceived immigration status of the student or their parents/guardians, according to the release from the ISBE.

The guidance also reviews schools’ discretion to comply with different immigration enforcement actions and records requests and advises school districts to adopt policies on the level of cooperation, or non-cooperation, with the U.S. Immigrations and Customs Enforcement (ICE).

“As leaders of public schools, we have both a legal and moral obligation to protect our students’ rights within our buildings,” State Superintendent of Education Dr. Tony Sanders said in the release. “ISBE firmly believes that schools should be a safe haven for all students, where students should be able to learn without fear. We can and should do everything within our power to protect our students and their right to learn while in our care. I advise every district to take the necessary steps outlined above to prepare to respond to immigration enforcement action.”

The Will County Regional Office of Education serves has an intermediate agency between the Illinois State Board of Education and local school districts.

In response to questions about the Trump administration’s immigration policies and DOJ directives, the regional office said, “Our job is to ensure the students of our county receive a high quality education. We are also here to ensure schools are in compliance with state and federal law. As an educational institution, we are committed to fostering an environment of respect and support to help ensure all members of our educational community can be successful.”

Joliet Public Schools District 86 confirmed that the schools do not ask about citizenship or immigration status when they enroll students, which means they can’t be compelled to share information about families with federal agents should they show up on site.

Nobody is allowed into a school without confirming their identity, and schools would be following all “state, local, and federal rules and regulations,” said Sandy Zalewski, director for communications and development.

The regional office of education serves public schools and private educational institutions, including those schools run by the Diocese of Joliet, but private schools and diocesan schools direct their own operation and policies.

The diocese this week said its parishes and schools are aware of the president’s executive orders on immigration and the directive from the DOJ.

The diocese said its parishes and its schools “will comply with all aspects of the law. The Diocese will continue to develop processes and procedures for its parishes and schools should they be presented with any inquiries or challenges by officials.”

When asked about the differences in Illinois and federal laws and guidelines, the diocese’s communications office said, “We are aware of the divergence on state and federal law. At this point, we intend to comply with federal law. We are still trying to figure out how it may impact our parishes and school, given we are private, religious institutions. We will be carefully reviewing the newer federal directives this week and next.”