Bill Text: IL HB0426 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Immigration Safe Zones Act. Provides that schools, medical treatment and health care facilities, and places of worship may not grant access to State and local law enforcement agencies that have entered into an agreement with United States Immigration and Customs Enforcement or undertake other joint efforts with federal, State, or local law enforcement agencies to investigate, detain, or arrest individuals for violation of federal immigration law, unless a court has issued a warrant and appropriate personnel have reviewed that warrant and have consented to access or unless required by law and appropriate personnel have consented. Prohibits employees of elementary and secondary schools and institutions of higher education from asking about a student's immigration status or that of the student's family members, with exceptions. Requires the Department of Human Services to provide training or make training available to teachers, administrators, and other staff of elementary and secondary schools, as well as to medical treatment and health care facilities, on how to deal with immigration issues and how to notify families of those issues in multiple languages. Requires appropriate personnel of a facility to develop a plan to provide assistance, information, and safety to persons who are concerned about the government's immigration enforcement efforts. Provides for the removal of certain file information by State agencies, public schools, and public institutions of higher education. Contains a severability clause. Effective immediately.

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB0426 Detail]

Download: Illinois-2017-HB0426-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0426

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:
New Act

Creates the Immigration Safe Zones Act. Provides that schools, medical treatment and health care facilities, and places of worship may not grant access to State and local law enforcement agencies that have entered into an agreement with United States Immigration and Customs Enforcement or undertake other joint efforts with federal, State, or local law enforcement agencies to investigate, detain, or arrest individuals for violation of federal immigration law, unless a court has issued a warrant and appropriate personnel have reviewed that warrant and have consented to access or unless required by law and appropriate personnel have consented. Prohibits employees of elementary and secondary schools and institutions of higher education from asking about a student's immigration status or that of the student's family members, with exceptions. Requires the Department of Human Services to provide training or make training available to teachers, administrators, and other staff of elementary and secondary schools, as well as to medical treatment and health care facilities, on how to deal with immigration issues and how to notify families of those issues in multiple languages. Requires appropriate personnel of a facility to develop a plan to provide assistance, information, and safety to persons who are concerned about the government's immigration enforcement efforts. Provides for the removal of certain file information by State agencies, public schools, and public institutions of higher education. Contains a severability clause. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning immigration.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Immigration Safe Zones Act.
6 Section 5. Findings. The General Assembly makes the
7following findings:
8 (1) The State of Illinois is committed to ensuring that
9 all residents of this State are treated equally
10 notwithstanding race, religion, national origin, sexual
11 orientation, gender, or immigration status.
12 (2) All residents of this State are entitled to live
13 with dignity and without fear.
14 (3) Immigrants in this State should be able to live
15 full and productive lives without fear of the government.
16 (4) The General Assembly shall continue to strive to
17 create an environment where all residents are protected to
18 the best of this State's ability.
19 Section 10. Definitions. In this Act:
20 "Appropriate personnel" means the personnel of a facility
21listed in subsection (a) of Section 15 of this Act that the
22Department of Human Services has determined, by rule, to be a

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1person of authority for that facility. For a public elementary
2or secondary school, the Department shall deem "appropriate
3personnel" to be the school district's superintendent, in
4consultation with the school district's chief legal counsel.
5For an institution of higher education, the Department shall
6deem "appropriate personnel" to be the president or chancellor
7of the institution.
8 "Department" means the Department of Human Services.
9 "ICE" means the United States Immigration and Customs
10Enforcement agency of the United States Department of Homeland
11Security and includes any successor agency charged with the
12enforcement of civil immigration laws.
13 "Immigration issues" means issues facing immigrants
14concerning their legal status and the process of deportation.
15 Section 15. Prohibitions.
16 (a) The following facilities in this State may not grant
17access to ICE or to State and local law enforcement agencies
18that have entered into an agreement with ICE or undertake other
19joint efforts with federal, State, or local law enforcement
20agencies to investigate, detain, or arrest individuals for
21violation of federal immigration law, unless a court has issued
22a warrant and appropriate personnel have reviewed that warrant
23and have consented to access or unless required by law and
24appropriate personnel have consented:
25 (1) Schools, including licensed day care centers,

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1 pre-schools, and other early learning programs; elementary
2 and secondary schools; and institutions of higher
3 education.
4 (2) Medical treatment and health care facilities,
5 including hospitals, health clinics, emergency or urgent
6 care facilities, nursing homes, group homes for persons
7 with developmental disabilities, community-integrated
8 living arrangements, and State mental health facilities.
9 (3) Places of religious worship, such as churches,
10 synagogues, mosques, and temples.
11 (b) Employees of elementary and secondary schools in this
12State and institutions of higher education in this State shall
13be prohibited from asking about a student's immigration status
14or that of the student's family members, except in cases of
15in-State or in-district tuition verification, scholarships,
16grants, or services that are contingent upon this information
17as long as this information is not shared for use outside the
18intended purpose of the in-State or in-district tuition
19verification, scholarship, grant, or service.
20 Section 20. Training. In accordance with rules adopted by
21the Department, the Department shall provide training or make
22training available from a source with expertise in immigration
23to teachers, administrators, and other staff of elementary and
24secondary schools in this State, as well as to staff of medical
25treatment and health care facilities, on how to deal with

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1immigration issues and how to notify families of those issues
2in multiple languages. Training in how to deal with immigration
3issues may include, but is not limited to, providing
4information regarding the legal rights of immigrants,
5explaining the process of deportation, assisting in finding
6resources available to help immigrants, and anything else the
7Department determines by rule.
8 Section 25. Assistance. The appropriate personnel of a
9facility listed in subsection (a) of Section 15 of this Act
10shall develop a plan within 90 days after the effective date of
11this Act to provide assistance, information, and safety to
12persons who are concerned about the government's immigration
13enforcement efforts.
14 Section 30. Removal of file information. Beginning on the
15effective date of this Act, all applications, questionnaires,
16and interview forms used in relation to benefits,
17opportunities, or services provided by a State agency or
18in-State or in-district tuition verification, scholarships,
19grants, or services provided by a public elementary or
20secondary school or public institution of higher education must
21be promptly reviewed by that State agency, school, or
22institution, and any questions regarding citizenship or
23immigration status, other than those required by statute,
24ordinance, federal law, or court order, must be removed within

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160 days after the effective date of this Act. Sixty days after
2the effective date of this Act, no applications,
3questionnaires, or interview forms used in relation to
4benefits, opportunities, or services provided by a State agency
5or in-State or in-district tuition verification, scholarships,
6grants, or services provided by a public elementary or
7secondary school or public institution of higher education may
8contain any questions regarding citizenship or immigration
9status, other than those required by statute, ordinance,
10federal law, or court order.
11 Section 90. Rules. The Department shall adopt any rules
12necessary to implement this Act.
13 Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
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