Immigration Enforcement

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Village Response Policy to Federal Law Enforcement Immigration Operations

November 15, 2025

See sections below for translations in Spanish and Polish. To translate the statement into another language, use the "Select Language" bar at the top-right of the website.

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Immigration Enforcement FAQs

Why can't the Village do more to stop immigration enforcement?
The Village (and the State) has limited authority over immigration enforcement because it is a matter reserved exclusively to the federal government. The current controversy is focused on enforcement but also applied to previous local efforts under the previous administration to enforce laws against undocumented individuals more strictly than federal enforcement at that time.

Can the Village Police Department assist with immigration enforcement?
No. Under the TRUST Act such assistance is forbidden.

Do Village officers ask about immigrations status? 
No, and they cannot do so under the TRUST Act.

Can I still call the Police Department, Human Services, and other Village services?
Yes, these services are always available to all residents.

What do I do if I see an immigration enforcement action happening?
No action is required but if a resident feels unsafe, an emergency call to 9-1-1 can be made and Village police will respond.

Can ICE be on Village Property?
ICE can be on Village property that is open to the general public. If Village property is being used by federal agents in a way that interferes with Village business, they can be required to relocate.

What should I do if ICE agents stop me? 
The Village cannot give individual legal advice, but the Human Services Department has posted a list of resources.

How do I verify someone works for ICE?
If confronted by anyone claiming to be a government agent, identification can be requested. If a resident is concerned about activity seen in the area, 9-1-1 should be used to dispatch MP police to investigate.

Can someone be detained without due process?
Law enforcement is allowed to approach and ask questions without any cause, but due process is mandated to go beyond that point. Due process is variable under different circumstances and often subject to subsequent analysis if litigation results from an interaction.

Can private property owners restrict ICE from their property or business?
Private property owners maintain complete control over their own property. Owners who post signs prohibiting ICE staging, processing, or operations on private property can initiate civil actions against ICE and file complaints with the Department of Homeland Security. ICE violations of private signs while in the execution of their federal duties do not constitute a crime under state law

How does the Immigration Bill (HB1312) passed by the state recently affect Mount Prospect?
The new immigration bill does not directly affect the Village but does create a state law right to sue federal agents for violation of constitutional rights. A federal law right already exists in this regard due to a 1971 Supreme Court ruling. The also creates other requirements that do not affect Village operations directly.

ICE and the Illinois TRUST Act

The Illinois TRUST Act has fundamentally altered police departments' operations regarding immigration enforcement. Under the TRUST Act, police departments no longer comply with ICE detainer requests. Even when ICE issues a civil immigration detainer, individuals in custody are either released or transported to the county courthouse according to standard procedures. The department cannot hold individuals beyond their normal release time based solely on an ICE detainer request unless ICE presents a federal criminal warrant signed by a judge. This represents a significant operational change from pre-2017 practices, effectively ending the direct custody transfer process that previously existed between police departments and ICE.

With local jails no longer available as a primary source for custody transfers, ICE has adapted its enforcement strategy by increasing its use of at-large arrests in the community, including in public spaces, homes, and workplaces. This shift requires more federal resources and represents a different approach to immigration enforcement. Federal authorities have implemented enforcement operations in various locations, as seen during Operation Midway Blitz. Since the police departments no longer works with ICE and is prohibited from doing so under the Illinois TRUST Act, ICE does not inform police departments when they are conducting these operations in our community.

Learn more at the Illinois Attorney General's Office website  - Law Enforcement Guidance & Reporting on Compliance with the Illinois TRUST Act and VOICES Act

Illinois Compiled Statutes - (5 ILCS 805/) Illinois TRUST Act

Community Resources:

The Human Services Department provides services to all residents of Mount Prospect.  Department social workers offer a variety of services through different program areas and assess individual needs when working with clients. The department operates a donation-based emergency assistance program which provides both food pantry and one-time emergency financial assistance. 

Residents facing barriers to accessing services at department locations may access services via a phone appointment or schedule a home visit with a social worker.  The department partners with other community organizations to offer services such as a monthly legal aid clinic where residents can consult on issues related to domestic violence, immigration, and landlord tenant rights. Residents can also receive assistance with completing forms for short term guardianship for their children through the legal aid clinic.

In addition to program specific services, social workers are available to discuss concerns and provide support to residents and their children during these difficult times.  Anyone needing assistance from the Human Services Department can call (847)870-5680 to be connected to a social worker.

Illinois Immigration Information - CLICK HERE
Resources for Immigrants - CLICK HERE
Cook County Immigration Resources - CLICK HERE
Village of Mount Prospect Human Services - CLICK HERE


Know Your Rights -
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Know Your Rights - 
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Message from Mayor Paul Wm. Hoefert:

Clearly, these are charged times in our nation’s history.  We know that the Department of Homeland Security and the US Border Patrol is and has been conducting immigration enforcement in the Chicagoland area including Mount Prospect.  Please understand that our Police, Village Manager, Mayor, and Village Board are neither briefed nor notified when Federal Agents are coming to Mount Prospect for immigration enforcement measures.  We usually find out when our residents make us aware of activity.  We also are not notified when they have left the Village and what were the outcomes of their operation.

As a multi-cultural community, Mount Prospect is comprised of individuals who have come from many other places or whose ancestors immigrated to America from many different lands.  Per the triennial community survey and census data, 30% of our community are foreign born and roughly 40% speak a language at home other than English. There are also many people in Mount Prospect that are “first generation” Americans.   The current events certainly resonate very strongly with these residents in our Village.

Our Village Police Department’s mission statement states that our Police will protect the constitutional rights of everyone and that they treat everyone with dignity and respect, regardless of their origin, background, or immigration status when interacting with our Officers.   Our Police Department is here to enforce Local and State law, ensure public safety, and build trust with every member of our community.

The enforcement of immigration law is not a local responsibility; rather it is the exclusive duty and responsibility of the Federal Government.  This authority is rooted in Article I of the U.S. Constitution, which grants Congress the power to "establish a uniform Rule of Naturalization." This has been interpreted by the Courts as giving the Federal Government "plenary power" broad and exclusive authority over the entire field of immigration.

Because immigration is a Federal matter, our Village Government is severely restricted in its ability to interfere with Federal operations.  The Supremacy Clause in Article VI of the U.S. Constitution states that Federal laws are the "Supreme Law of the Land." This means that our Village cannot pass any ordinance or law that attempts to regulate or restrict the actions of Federal Immigration Officers while they are enforcing Federal law.  Mount Prospect is a Home Rule municipality which means in some instances we can adopt local ordinances which are not specifically authorized by State law.  However, that does not apply to Federal law.

As we see it, certain actions some citizens want the Village Board to enact such as creating civil immigration enforcement exclusionary zones and banning face masks would be unenforceable as well as preempted or overridden by the Federal law and struck down by the Courts.

We will also not direct nor authorize our Police Officers to impede Federal ICE Agents as they carry out their duties.  Our local Police Officers cannot legally interfere with an operation being conducted by Federal Agents such as ICE or Border Patrol.

If one of our Mount Prospect Police officers were to actively obstruct or impede a Federal Agent during the course of their duty, that Officer would be in violation of Federal law and subject to arrest and Federal criminal prosecution for a criminal offense.  As such, we “will not” put our Officers in that “At Risk” position. 

If any citizen were to actively obstruct or impede a Federal agent during the course of carrying out their duties, that is a conscience decision made by that individual on their own.  If that were to happen, that citizen would also be in violation of Federal law and potentially subject to arrest and Federal criminal prosecution.

While our Police cannot interfere with Federal Law Enforcement, it is equally important to understand what the Federal Government “cannot” compel us to do. The Tenth Amendment prevents the Federal Government from "commandeering" or “forcing” State and Local governments to carry out Federal law. Therefore, the Mount Prospect Police Department is not mandated by Federal law and will not enforce civil immigration law.  Under the Illinois TRUST Act our Police Officers cannot and do not help Federal ICE Agents in the execution of their Federal duties.  Local Police Officers are prohibited from stopping, searching, or arresting individuals based solely on their immigration status.

In closing, should a Mount Prospect citizen feel threatened or in danger during immigration enforcement activities, please call 911 and report it.  Mount Prospect Police Officers will respond and assess the threat or danger.  I would suggest that if you are a citizen of the United States and have concerns, keep your citizenship documents identifying you as a US Citizen with you at all times.

In addition, our Human Services Department’s Team is aware of the Local, State, and Federal issues associated with Immigration Enforcement which are confronting our community and impacting our residents at this time. The services provided by our Human Services Department are broad-based to provide advocacy and linkage in an effort to help “ALL” of our residents should anyone need support during these times.  If Human Services cannot help directly, Human Services also collaborates with many other local agencies which may be able to provide these residents assistance. 

Once again, the Village and our Police Department will focus on their core mission of ensuring public safety for all, while acknowledging and recognizing the separate and supreme legal authority of the Federal Government in the area of immigration enforcement.

Thank you