Spread of Chicago's ICE-Free Zones Will Raise Novel Legal Problems

WASHINGTON - EntSun -- The widespread establishment of "sanctuary cities" has now spread to the establishment of "ICE-free zones" in the city of Chicago, where "federal immigration agents" will no longer be able to go upon "any City-owned property."

But whether the bans might also apply to property  such as streets, whether the action might be extended to ban agents even when they are not engaged "in their ongoing operations in Chicago," and exactly how the ban will be enforced, would raise novel, controversial, and unprecedented legal issues, says public interest law professor John Banzhaf,

Of even greater overall importance is whether and to what extent the Mayor's invitation for "local businesses and community organizations to join the citywide effort to safeguard our communities" will be accepted.

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Simply passively not permitting agents to come upon city property might not violate federal law.  On the other hand, since not letting agents drive on city streets would make it impossible to enforce any federal laws, "City-owned property" probably does not include city streets or sidewalks.

At least with regard to home owners, the law seems clear.  In the absence of a warrant signed by a judge, a home owner is not required to permit federal agents to enter his home.

It would seem to be the same with regard to private businesses.

So a business may be able to legally bar federal agents even from areas open to the general public, especially if there is a reasonable purpose for doing so other than antipathy to immigration law enforcement.

This may prove to be especially important when applied to a university campus.  The conventional rule and understanding with regard to ICE seems to be something like the following:

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"Federal immigration enforcement officers can enter public areas without a warrant, just like any member of the public.  However, officers cannot access nonpublic areas of campus without permission from an authorized campus official.

But if universities can ban smoking or firearms or drugs anywhere on its campus, even if "the area is considered public," students might demand that their entire campus be declared ICE-free, just as it is now drug-free or gun-free.  Such a ban might be legally possible - in the sense of being upheld if there is a court challenge - but such a ban could anger the Trump administration and lead to even more crackdowns on higher education, warns the law professor.

http://banzhaf.net/ jbanzhaf3ATgmail.com @profbanzhaf