Concerns and compassion clash as Kane County addresses migrant influx

Facing pressure from local Republicans to keep migrants out of Kane County, officials outlined a protocol for transferring migrants to the designated processing station in Chicago.

However, county officials said they lack the legal authority to detain or deport migrants or prevent bus companies from transporting them.

Scott Buziecki, the county’s director of emergency management, informed county board members that 150 buses have transported migrants into the suburbs since Dec. 1.

The bus arrivals followed a new ordinance by Chicago officials warning bus companies they would face fines if they brought migrants to the city outside of the process center’s operating hours.

Elburn received one of the 10 buses carrying a total of 300 migrants after that Chicago ordinance took effect. It responded by also threatening the bus companies with fines. Local Republicans want the county to follow that example with their own fines, but Kane County Assistant State’s Attorney John Frank said neither Kane County nor Elburn has the legal standing to impose such fines.

“Non-home rule entities cannot take these sort of actions,” Frank told the county board. “You are very hamstrung in what you can do.”

Home rule is a legal concept that allows local cities and towns to create rules without permission from the state government. Communities with more than 25,000 residents can have home rule authority, but many municipalities forego that power to limit the taxes their local officials can impose.

Local police also lack the authority of federal law enforcement to stop anyone without probable cause and ask for someone’s immigration status.

That’s left the county relegated to the role of traffic cop.

Sheriff Ron Hain created a task force with access to buses and drivers that can transport any migrants taken to the county to the Chicago processing center. Any migrants found outside of the processing center’s operating hours will be kept on the buses until the center opens.

So far, Buziecki said all the migrants had train tickets with them when their buses arrived or money to purchase a train ticket to Chicago.

“All 10 of the buses that arrived in Kane County arrived while trains were running, and they boarded the trains without any difficulty,” he said.

About 30 residents used the public comment period of the county board’s recent executive committee and comments from the audience to express concerns about the migrants committing crimes, spreading disease and packing local schools. They urged county officials to implement a policy that would deter migrants from coming to their communities, saying any action to the contrary is an “act of warfare” on local taxpayers.

Buziecki said the migrants have committed no crimes during their 15- to 30-minute stays in the county while awaiting trains to Chicago.

“There has been no reported impact on public safety,” he said. “It’s been pretty seamless.”

Once at the Chicago processing center, the migrants receive shelter, the potential to apply for a work permit and access to health care.

The Associated Press reported in November that 14,500 migrants received health care screenings, treatment and vaccinations at Cook County clinics in 2023 at a cost of $2.2 million every month.