CBA Record May-June 2025

needlessly risks significant disruption to our economy and our communities. Getting to Real Solutions Immigration enforcement should focus instead on the relatively small percent age of unauthorized immigrants who have committed serious crimes or have otherwise received a final court order of removal, and those who have just arrived in the country without valid legal claims. When paired with strong border enforce ment, improvements in the asylum pro cess, and the necessary structural reforms to the system noted below, this targeted strategy is a solid approach that aligns with the great majority of public opinion. Where there is overlap in the missions of Immigration and Customs Enforce ment (ICE) and local police, such as when an unauthorized immigrant is convicted of a crime and subject to a federal judicial warrant, local law enforcement should be able to coordinate with ICE, and Illinois law gives them that flexibility. Otherwise, our state policy limiting the role of local police in immigration enforcement makes good sense when we consider the mission of our local police is to keep our commu nity safe. For the rest of the unauthorized immi grant population, who make up the great majority, we need better enforcement options than the current all-or-nothing system. As noted below, creating a more realistic and appropriate range of penal ties is a key structural fix to get us on the path to a functioning system. But deten tion and deportation for people who have

been here for years and who otherwise stay out of trouble would only make a bad situation worse for everyone. For local law enforcement and other local institutions to effectively carry out their critical missions, we need all our fellow Illinoisans to be comfortable reporting crimes and cooperating with the police, sending their kids to school, going to the doctor or hospital when they are sick, and participating in court proceedings. If doing any of these things would put someone in jeopardy of being reported to ICE, the hundreds of thou sands of people in our state without legal status would lose trust in these essential local institutions, and our entire commu nity would be less safe as a result. Structural Reforms A real solution requires a simultaneous, multi-tiered approach that: 1. C reates a range of penalties for immi gration violations to enable propor tionate and effective enforcement that focuses on protecting national security and public safety. l There should be no amnesty for those who have violated the law, but a range of penalties so that the punishment fits the violation. l Penalties should range from fines and a lengthy probation period for those who have violated immigra tion laws, to deportation for those who have committed serious crimes. 2. R ealistically and fairly addresses the mil lions of people here without legal status. l Earned legalization should be possible

for those who otherwise have played by the rules and complied with the appropriate penalties noted above. 3. C reates workable, realistic legal chan nels to meet current and future economic needs, carry out our interna tional responsibilities to accept refugees fleeing persecution and terror, and rea sonably allow for family reunification. This approach has long attracted broad support from across the political spec trum. The CBA and CBF, ISBA, ABA, and many other bar associations, along with the business community, major faith-based organizations, and many other nonpartisan observers have been advocating for a solution along these lines for years now. In 2013, a comprehensive, bipartisan reform bill that included these key components cleared the Senate by a 2-to-1 margin and would have passed and been signed into law had it been called for a vote in the House. All to say, if our country’s leaders can again find the political will to tackle this problem realistically, we know how to create a system that works. And our legal community has an important role to play in educating the public and key stake holders about these issues and continuing to advocate for real solutions.

Bob Glaves is the executive director of The Chicago Bar Foundation. This article is adapted from a post in the Bobservations series on the CBF blog.

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