News. Based on the proposed ordinance posted by Cook County and reporting by CBS Chicago, WBBM Newsradio, The Center Square and WBEZ. GoImmigrant did not attend the hearing or interview anyone for this article.
Cook County's sanctuary rules stop county officials from handing people over to ICE. Immigrant advocates say there is a back door: private companies that hold county data under county contracts. A proposed change to the county code would close it. On Wednesday, October 21, a Cook County Board committee approved the measure, WBBM Newsradio reported, and the full board was set to vote on it Thursday, October 22. County records did not yet show the committee vote or which version of the text was approved.
Status as of Thursday morning: this is still a proposal. The county's legislation page listed no final action, and the committee's official minutes were not yet posted. Check back for the result of the full board vote.
What the proposal would do
The ordinance (File 26-2426) is sponsored by Commissioners Alma Anaya, Jessica Vásquez and Tara Stamps. A substitute version posted for Wednesday's committee meeting says:
- County employees could not share personal or private information they get through their county jobs for immigration enforcement, unless there is a criminal warrant, a judicial court order, or it is required by a specific federal law (8 U.S.C. § 1373).
- County contractors, or anyone else who got the information from the county under a contract, could not share that personal or private information with immigration agents (ICE, Customs and Border Protection or similar agencies) unless a criminal warrant or judicial court order requires it. This would apply during the contract and after it ends.
- No selling to data brokers. Contractors could not pass that information to a data broker or use it for a commercial purpose unless a county ordinance allows it.
- Reporting and cleanup. A contractor that breaks the rule would have to tell the county within five business days, stop the sharing, and make its best effort to get anyone it shared the data with to permanently delete it, and follow state and federal laws on unlawful data disclosures.
- Oversight. The county's Inspector General could review compliance and publish the results.
- A right to sue. A person whose information was used or shared in violation of the rule could sue the contractor in civil court for a court order to stop it (injunctive and declaratory relief), plus costs and reasonable attorney's fees if the court allows. The text does not provide money damages.
The final version the board votes on could differ from this text. The original version filed in September also barred contractors from using the data for "risk solutions," meaning risk scoring of people.
Why advocates call it a loophole
The fight centers on county jail and court data. In June, WBEZ reported on a county contract with Appriss Insights, which runs Illinois' VINE system that tells crime victims when someone is released or moved from jail. Privacy advocates have argued for years that data given to Appriss can end up in commercial databases such as LexisNexis, which ICE can access. They allege that information can include names, dates of birth, Social Security numbers, release dates and court hearing details.
According to records obtained by the legal group Just Futures Law and cited by WBEZ, ICE's Chicago field office ran more than 13,000 LexisNexis searches from March to September 2021. At Wednesday's news conference, activists claimed LexisNexis sold DMV data, jail and court data and other records to immigration agents, CBS Chicago reported. These are advocates' allegations; the companies' responses were not included in the coverage we reviewed.
In June, the Cook County State's Attorney's office told WBEZ it was working with Appriss on contract language to further restrict data sharing, and that the county was taking bids for a new vendor because the Appriss contract was set to expire in October. We could not confirm whether a new contract has been signed.
What officials said
- "The updated legislation prohibits data brokers from selling personal and private information acquired under county contracts and prohibits the release of that information to enforce immigration laws," Board President Toni Preckwinkle said, according to The Center Square.
- "We live in a state of constant surveillance, and that technology unfortunately is not regulated," Commissioner Anaya said, according to CBS Chicago.
- Anaya also said she learned at a July 2022 county hearing that immigration agents had paid more than $100 million to get personal information from data brokers, The Center Square reported.
- Claudia Marchan of Immigration Law and Justice of Northern Illinois said she was alarmed by a detailed LexisNexis report she saw on herself and her mixed-status family, WBBM reported.
An ICE spokesperson told The Center Square that ICE staff are expected to follow DHS and ICE policies on mobile devices, records management and protecting government information. WBBM said it had asked Equifax, Appriss's parent company, for comment. GoImmigrant did not contact ICE, Equifax, Appriss or LexisNexis for this article.
What it would not do
By its text, the ordinance covers information that comes from the county under county contracts. It does not cover data that brokers collect from other places, such as DMV records or phone data, and it would not regulate what federal agencies buy from brokers. Supporters say ICE could still get information with a criminal warrant after showing legal justification, WBBM reported. County leaders also said they are looking at rules for Flock cameras and other license plate readers. Commissioner Vásquez said she hoped a resolution on Flock cameras could be introduced next month, according to The Center Square.
Earlier this week we reported on how fear of ICE is pushing Chicago immigrants into the night. Advocates quoted in that reporting said agents rely more on technology and databases than on large street operations. Data rules like this one are part of that fight.
Where to find help
- If someone is detained or to report ICE activity, call the ICIRR Family Support Hotline at 855-435-7693.
- Free legal help. See our list of free immigration legal help in Chicago, or call the National Immigrant Justice Center (NIJC) at 312-660-1370 (Tuesday to Thursday, 8:30 a.m. to 4:30 p.m. Central).
- Make a plan. Our family safety plan page covers emergency contacts, documents and child care.
This article is general information, not legal advice. If you think your information was shared improperly, talk to a qualified immigration attorney or accredited representative.