Bill Text: IL HB1312 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Creates the Illinois Bivens Act. Authorizes any person to bring a civil action against any person who, while conducting civil immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the United States Constitution. Establishes remedies for violations of the Act. Creates criteria that are to be used in determining the amount of punitive damages that will be awarded under the Act. Amends the Whistleblower Act. Provides that an employer may not take retaliatory action against an employee for disclosing or threatening to disclose in good faith a violation of the Illinois Bivens Act. Makes conforming changes to the definition of "retaliatory action". Creates the Court Access, Safety, and Participation Act. Makes legislative findings concerning access to the courts. Creates a privilege from civil arrest for a person who in good faith is attending a State court proceeding or who is going to, remaining at, or returning from the place of the court proceeding. Provides that a person who violates provisions of the Act is liable for civil damages for false imprisonment, including actual damages and statutory damages of $10,000, if that person knew or reasonably should have known that the person arrested is a person duly and in good faith attending a State court proceeding in which the person is a party, a witness, a potential witness, or a court companion of a party, witness, or potential witness while going to, remaining at, and returning from the court proceeding. Authorizes a court to grant any equitable or declaratory relief it deems appropriate and just. Prohibits an action from being commenced under the Act against the Illinois court system or any Illinois court system personnel acting lawfully under duty to maintain safety and order in the courts. Provides that nothing in the Act affects any right or defense of any person, police officer, peace officer or public officer, or any Illinois court system personnel acting lawfully under their duty to maintain safety and order in the courts. Provides that qualified immunity is a defense to liability under the Act. Amends the Hospital Licensing Act. Provides that the amendatory changes to the Act may be referred to as the Health Care Sanctity and Privacy Law. Requires hospitals to adopt and implement a policy regarding interactions with law enforcement agents. Sets forth minimum requirements for the policy, including designating a contact person or persons to be notified of all law enforcement presence or information requests and establishing the following procedures: procedures to respond to such requests; procedures to verify the identity and authority of any law enforcement agent involved in civil immigration activities at a hospital site; procedures for designating space for law enforcement agents to remain and wait at a hospital; procedures for patients to request an amendment to their medical records; and procedures concerning the release of information to law enforcement agents. Requires the policy to be submitted to the Department of Public Health. Establishes a fine for hospitals that fail to submit the policy. Sets forth provisions concerning complaints of noncompliance with the provisions; holding hospital personnel harmless from any civil, criminal, or other liability that may arise as a result of their reasonable compliance with the amendatory provisions; obligations as a mandated reporter; and conflicts with federal law. Amends the University of Illinois Hospital Act to require compliance with the provisions of the amendatory Act. Amends the Illinois Administrative Procedure Act to grant the Department of Public Health emergency rulemaking powers. Amends the Public Higher Education Act. Prohibits a school from threatening to disclose the actual or perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party; knowingly disclosing, without consent, anything related to the perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party if the school does not have direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status; knowingly disclosing, without consent, anything related to the actual citizenship or immigration status of an employee, a student, or a person associated with an employee or student to any other person or nongovernmental entity if the school has direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status; or designating immigration status, citizenship, place of birth, nationality, or national origin as directory information. Requires a school to develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school's campus by January 1, 2026. Requires a school to provide information on its website about who employees and students should contact if a law enforcement agent seeks to enter the school campus, enters the school campus, or engages in nonconsensual interactions with members of the school community by January 1, 2026. Requires a school to submit to either the Illinois Community College Board or the Illinois Board of Higher Education, as applicable, a copy of the procedures developed to implement specified requirements in the amendatory Act. Requires the Illinois Community College Board and the Illinois Board of Higher Education to submit a report to the General Assembly concerning those procedures. Prohibits a school from impeding students or employees from offering, attending, or participating in training on constitutional rights and immigration-related guidance. Allows aggrieved parties to bring a civil lawsuit. Amends the Child Care Act of 1969. Provides that a licensed day care center shall not disclose or threaten to disclose to any other person, entity, or agency information regarding or relating to the actual or perceived citizenship or immigration status of a child or an associated person, unless disclosure is required by State or federal law. Provides that a licensed day care center shall not consent to entry to its premises by a law enforcement agent for immigration enforcement action unless the law enforcement agent provides valid identification and a signed judicial warrant or order or subpoena to enter the facility. Requires the Department of Children and Family Services or the Department of Early Childhood, as is applicable, to make available on its website specified resources for families. Provides that, if a child's parent or guardian directly faces immigration enforcement action, a licensed day care center shall use the child's emergency contact information and release the child to the persons designated as the child's emergency contacts or into the custody of an individual who presents a properly executed appointment of short-term guardian form on behalf of the child. Sets forth provisions requiring a licensed day care center to adopt certain policies concerning consent to disclosure. Provides that the policies shall not have the effect of excluding or discouraging a child from any program at the licensed day care center because of the actual or perceived immigration status of the child or the child's parent or guardian. Establishes enforcement provisions for violations of disclosure provisions. Effective immediately.

Sponsorship: Partisan Bill (Democrat 87)

Status: (Passed) 2025-12-09 - Public Act . . . . . . . . . 104-0440 [HB1312 Detail]

Download: Illinois-2025-HB1312-Enrolled.html

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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5
Section 5-1. Short title. This Article may be cited as the
Illinois Bivens Act. References in this Article to "this Act"
mean this Article.
Section 5-5. Definitions. As used in this Act:
"Crowd control equipment" includes, but is not limited to,
kinetic impact projectiles; compressed air launchers, such as
PLS and FN303; oleoresin capsicum spray, CS gas, CN gas, or
other chemical irritants; 40 millimeter munitions launchers;
less-lethal shotguns; less-lethal specialty impact-chemical
munitions; controlled noise and light distraction devices; and
electronic control weapons.
"Facial covering" means any opaque mask, garment, helmet,
headgear, or other item that conceals or obscures the facial
identity of an individual, including, but not limited to, a
balaclava, tactical mask, gaiter mask, ski mask, or any
similar type of facial covering or face-shielding item.
"Facial covering" does not include a medical grade mask
designed to prevent the transmission of diseases; a facial

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covering designed to protect against exposure to smoke during
a state of emergency related to wildfires; or protective gear
used by Special Weapons and Tactics (SWAT) team officers
necessary to protect their faces from harm while they perform
their SWAT responsibilities.
"Prevailing party" includes any party:
(1) who obtains some of his or her requested relief
through a judicial judgment in his or her favor;
(2) who obtains some of his or her requested relief
through any settlement agreement approved by the court; or
(3) whose pursuit of a nonfrivolous claim was a
catalyst for a unilateral change in position by the
opposing party relative to the relief sought.
Section 5-10. Deprivation of constitutional rights;
liability. (a) Any person may bring a civil action against
any person who, while conducting civil immigration
enforcement, knowingly engages in conduct that violates the
Illinois Constitution or the United States Constitution. As
used in this Section, "civil immigration enforcement" does not
include an action committed by a law enforcement officer or
peace officer that is acting within the officer's powers and
duties consistent with Illinois law.
(b) Qualified immunity is a defense to liability under
this Act.

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Section 5-15. Remedies.
(a) All monetary, injunctive, and declaratory relief
available at common law is available under this Act for a
violation of this Act without regard to whether a plaintiff
may have a claim under any other statute or common law cause of
action. If a plaintiff seeks punitive damages against a
defendant who committed a violation of this Act while acting
under color of federal law, Illinois law, or other state law,
the following facts shall be factors in determining the
reprehensibility of the defendant's conduct:
(1) whether the defendant wore a facial covering while
committing the violation;
(2) whether, at the time of the violation, the
defendant was a law enforcement officer who failed to
identify or disclose that he or she was a law enforcement
officer either verbally or by wearing identifying
insignia, such as a badge, agency logo, or patch, or by
providing his or her name, badge or identification number,
and the employing agency or department;
(3) whether, at the time of the violation, the
defendant was a law enforcement officer who was required
by State or federal law or regulation or agency policy to
wear and use an officer-worn body camera during the type
of activity that gave rise to the deprivation of rights
and failed to do so;
(4) whether the defendant was operating or using a

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motor vehicle without a license plate or with a
non-Illinois license plate;
(5) whether the defendant used crowd control equipment
at the time of the violation; or
(6) whether the defendant intentionally violated or
failed to comply with any material term or condition of a
court order or consent decree that was issued by a court,
that was in effect at the time of the violation of this
Act, that applied to the person acting under color of law,
and that was issued or entered into in part to address or
prevent future violations of this Act relating to the
conduct complained of.
(b) Upon motion, a court shall award reasonable attorney's
fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff who is a prevailing party
in any action brought under this Act. In awarding reasonable
attorney's fees, the court shall consider the degree to which
the relief obtained relates to the relief sought.
Section 5-90. The Whistleblower Act is amended by changing
Sections 5 and 15 as follows:
(740 ILCS 174/5)
Sec. 5. Definitions. As used in this Act:
"Adverse employment action" means an action that a
reasonable employee would find materially adverse. An action

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is materially adverse when it could dissuade a reasonable
worker from disclosing or threatening to disclose information
protected by Section 15 or from refusing under Section 20.
"Employer" means: an individual, sole proprietorship,
partnership, firm, corporation, association, and any other
entity that has one or more employees in this State, including
a political subdivision of the State; a unit of local
government; a school district, combination of school
districts, or governing body of a joint agreement of any type
formed by two or more school districts; a community college
district, State college or university, or any State agency
whose major function is providing educational services; any
authority including a department, division, bureau, board,
commission, or other agency of these entities; and any person
acting within the scope of his or her authority, express or
implied, on behalf of those entities in dealing with its
employees.
"Employee" means any individual permitted to work by an
employer unless:
(1) the individual has been and will continue to be
free from control and direction over the performance of
his or her work, both under his or her contract of service
with his or her employer and in fact;
(2) the individual performs work which is either
outside the usual course of business or is performed
outside all of the places of business of the employer

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unless the employer is in the business of contracting with
parties for the placement of employees; and
(3) the individual is in an independently established
trade, occupation, profession, or business.
"Employee" also includes, but is not limited to, a
licensed physician who practices his or her profession, in
whole or in part, at a hospital, nursing home, clinic, or any
medical facility that is a health care facility funded, in
whole or in part, by the State.
"Public body" means any of the following: the State; any
officer, board, political subdivision, or commission of the
State; any institution supported in whole or in part by public
funds; units of local government; and school districts.
"Retaliatory action" means an adverse employment action or
the threat of an adverse employment action by an employer or
his or her agent to penalize or any non-employment action that
would dissuade a reasonable worker from disclosing information
under this Act. "Retaliatory action" includes, but is not
limited to:
(1) taking, or threatening to take, any action that
would intentionally interfere with an employee's ability
to obtain future employment or post-termination
retaliation to intentionally interfere with a former
employee's employment;
(2) taking, or threatening to take, any action
prohibited by subsection (G) of Section 2-102 of the

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Illinois Human Rights Act; or
(3) contacting, or threatening to contact, United
States immigration authorities, or otherwise reporting, or
threatening to report, an employee's suspected or actual
citizenship or immigration status or the suspected or
actual citizenship or immigration status of an employee's
family or household member to a federal, State, or local
agency.
"Retaliatory action" does not include:
(1) conduct undertaken at the express and specific
direction or request of the federal government unless it
involves a violation of the Illinois Bivens Act;
(2) truthful, performance-related information about an
employee or former employee provided in good faith to a
prospective employer at the request of the prospective
employer; or
(3) conduct undertaken if specifically required by
State or federal law. "Employee" also includes, but is not
limited to, a licensed physician who practices his or her
profession, in whole or in part, at a hospital, nursing
home, clinic, or any medical facility that is a health
care facility funded, in whole or in part, by the State.
"Supervisor" means any individual who has the authority to
direct and control the work performance of the affected
employee; or any individual who has managerial authority to
take corrective action regarding a violation of the law, rule,

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or regulation disclosed by an employee in accordance with
Section 15.
(Source: P.A. 103-867, eff. 1-1-25.)
(740 ILCS 174/15)
Sec. 15. Retaliation for certain disclosures prohibited.
(a) An employer may not take retaliatory action against an
employee who discloses or threatens to disclose to a public
body conducting an investigation, or in a court, an
administrative hearing, or any other proceeding initiated by a
public body, information related to an activity, policy, or
practice of the employer, where the employee has a good faith
belief that the activity, policy, or practice (i) violates a
State or federal law, rule, or regulation or (ii) poses a
substantial and specific danger to employees, public health,
or safety.
(b) An employer may not take retaliatory action against an
employee for disclosing or threatening to disclose information
to a government or law enforcement agency information related
to an activity, policy, or practice of the employer, where the
employee has a good faith belief that the activity, policy, or
practice of the employer (i) violates a State or federal law,
rule, or regulation or (ii) poses a substantial and specific
danger to employees, public health, or safety.
(c) An employer may not take retaliatory action against an
employee for disclosing or threatening to disclose to any

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supervisor, principal officer, board member, or supervisor in
an organization that has a contractual relationship with the
employer who makes the employer aware of the disclosure,
information related to an activity, policy, or practice of the
employer if the employee has a good faith belief that the
activity, policy, or practice (i) violates a State or federal
law, rule, or regulation or (ii) poses a substantial and
specific danger to employees, public health, or safety.
(d) An employer may not take retaliatory action against an
employee for disclosing or threatening to disclose in good
faith any violation of Section 5-10 of the Illinois Bivens
Act.
(Source: P.A. 103-867, eff. 1-1-25; revised 10-21-24.)
ARTICLE 10
Section 10-1. Short title. This Article may be cited as
the Court Access, Safety, and Participation Act. References in
this Article to "this Act" mean this Article.
Section 10-5. Legislative findings. The General Assembly
finds and declares the following:
(1) Illinois courts are a cornerstone of Illinois'
government, satisfying the right of every person to obtain
justice and find a remedy for all injuries and wrongs
under Section 12 of Article I of the Constitution of this

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State and playing an essential role in the peaceful and
just resolution of disputes and the State's ability to
promote the public health, safety, and general welfare of
its residents.
(2) Access to courts and the court's ability to
administer justice is, therefore, a matter of statewide
concern, fostering fairness while promoting public
confidence in, and respect for, the judicial process.
(3) Subjecting Illinois residents to arrest for civil,
noncriminal matters while attending, attempting to attend,
or after attending State court proceedings as parties,
witnesses, potential witnesses, or court companions, or
while otherwise accompanying a person who is a party,
witness, or potential witness, threatens the fair
administration of justice in this State.
(4) Victims and witnesses are increasingly reluctant
to attend and participate in court proceedings, or
otherwise access the justice system of this State, out of
fear of civil arrests when going to, remaining at, or
returning from a court proceeding.
(5) Residents of this State, including victims of
crime, are less likely to report crimes and to use legal
services when civil arrests are conducted at courthouses
in this State or their environs.
(6) Illinois courts and court staff bear increased
burdens and costs to their operations, through

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adjournments, delays, and postponements caused by
witnesses' or parties' failure to appear out of fear of
civil arrests at courthouses or its environs.
(7) The ability of Illinois attorneys to zealously
advocate for their clients and act as officers of the
legal system with special responsibilities for the quality
of justice in this State is threatened and impeded when
civil arrests are conducted at courthouses in this State
or their environs, forcing them to risk their clients'
freedom in the pursuit of diligent representation.
(8) The civil arrest of individuals at a courthouse or
its environs or while going to, remaining at, or returning
from a court proceeding threatens the functioning of the
court system and the fair administration of justice by
deterring litigants, witnesses, and others participating
in State court proceedings, jeopardizing the State courts'
and parties' access to evidence that may be critical to
fact-finding.
(9) The civil arrest of individuals at a courthouse or
its environs or while going to, remaining at, or returning
from a court proceeding threatens the public's right to
seek justice in the courts and the ability of Illinois
residents to peacefully resolve disputes by risking the
intimidation of parties and witnesses and deterring
litigants, witnesses, and others participating in State
court proceedings, limiting the parties' ability to

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protect and vindicate rights guaranteed by the laws and
Constitution of this State.
(10) Illinois courts, as early as 1887, recognized the
long-standing common law privilege from civil arrest,
which has been established in English and American
jurisprudence for centuries and which has not been
legislatively repealed. Under this common law privilege,
the parties to a suit and their witnesses are protected
from arrest in coming to, attending, and returning from
court proceedings for the sake of public justice.
(11) The State of Illinois has sovereign interest and
authority to protect the effective functioning and
operation of its judicial system.
(12) Civil arrests of persons in and around Illinois
courthouses or those attending judicial proceedings
threaten all of the foregoing public and private values of
public access, as well as the core functions of Illinois
courts, and must be considered unreasonable and unlawful
seizures whether undertaken by local, State, or federal
officers.
Section 10-10. Definitions. As used in this Act:
"Arrest" means a law enforcement agency or its officers
taking an individual into custody.
"Civil arrest" means an arrest that is not:
(1) a criminal arrest for an alleged criminal

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violation of any federal, State, or local law;
(2) an arrest for any violation of any condition of
probation, parole, pretrial release, supervised release,
or mandatory supervised release for which arrest is
otherwise authorized by law; or
(3) an arrest supported by a judicial warrant or
judicial order authorizing the arrest.
"Court companion" means any of the following individuals
whose purpose is to support, assist, or accompany a person who
is going to, remaining at, or returning from a court
proceeding: a spouse, domestic partner, or person who has a
dating or engagement relationship with the party, witness, or
potential witness; a biological parent, foster parent,
adoptive parent, or stepparent of a party, witness, or
potential witness; minor children or other persons under the
care of a party, witness, or potential witness; interpreters;
translators; a person assisting the party, witness, or
potential witness with reading or completing court forms or
other documents; persons providing health care or assistance
to a party, witness, or potential witness to allow that
individual to participate in the court proceeding; a case
manager or social worker for the party, witness, or potential
witness; a domestic violence or sexual assault advocate; a
person transporting a party, witness, or potential witness to
or from the court proceeding.
"Court proceeding" means the business conducted by a State

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court or a matter pending under the jurisdiction or
supervision of a State court, including, but not limited to,
civil proceedings and criminal proceedings.
"Judicial warrant or judicial order authorizing the
arrest" means a written order from a State court or federal
Article III court that directs a law enforcement agency or
some other person who is specifically named in the order to
arrest a person.
"Law enforcement agency" means any entity with statutory
police powers and the ability to employ individuals authorized
to make arrests.
Section 10-15. Civil arrest prohibited; certain locations.
(a) A person duly and in good faith attending a State court
proceeding in which the person is a party, a witness, a
potential witness, or a court companion of a party, witness,
or potential witness is privileged from civil arrest while
going to, remaining at, and returning from the court
proceeding, including:
(1) at the place of the court proceedings;
(2) within the courthouse building;
(3) on the premises of the courthouse, including
parking facilities serving the courthouse;
(4) on any sidewalk, parkway, and street surrounding
the courthouse and its premises; and
(5) on any public way within 1,000 feet of the

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courthouse including a sidewalk, parkway, or street.
(b) Nothing in this Section shall be construed to narrow,
or in any way lessen, any common law or other right or
privilege of a person privileged from arrest under this Act or
otherwise.
(c) The protections in this Section apply regardless of
whether a judicial order under Section 10-20 is issued or a
court otherwise implements this Act by a rule or order.
(d) Nothing in this Section precludes the execution of a
criminal arrest warrant issued by a judge or a criminal arrest
based on probable cause for a violation of criminal law.
Section 10-20. Court order. In order to maintain access to
the court and open judicial proceedings for all persons in
their individual capacity and to prevent interference with the
needs of judicial administration, a court may issue
appropriate judicial orders to protect the privilege from
arrest under this Act, Section 9 of the Attorney Act, or common
law.
Section 10-25. Civil action; enforcement; remedies.
(a) A person who violates Section 10-15 or 10-20 of this
Act is liable for civil damages for false imprisonment,
including actual damages and statutory damages of $10,000, if
that person knew or reasonably should have known that the
person arrested is a person duly and in good faith attending a

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State court proceeding in which the person is a party, a
witness, a potential witness, or a court companion of a party,
witness, or potential witness while going to, remaining at,
and returning from the court proceeding.
(b) A court may grant any other equitable or declaratory
relief it deems appropriate and just.
(c) In any successful action under this Act, a plaintiff
or petitioner may recover costs and reasonable attorney's
fees.
(d) No action or proceeding may be commenced under this
Section against the Illinois court system or any Illinois
court system personnel acting lawfully under their duty to
maintain safety and order in the courts.
(e) Nothing in this Act affects any right or defense,
including any existing qualified immunity defense, of any
person, police officer, peace officer or public officer, or
any Illinois court system personnel acting lawfully.
ARTICLE 15
Section 15-5. The University of Illinois Hospital Act is
amended by adding Section 15 as follows:
(110 ILCS 330/15 new)
Sec. 15. Compliance with the Health Care Sanctity and
Privacy Law. The University of Illinois Hospital shall comply

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with Section 6.14h of the Hospital Licensing Act.
Section 15-10. The Hospital Licensing Act is amended by
adding Section 6.14h as follows:
(210 ILCS 85/6.14h new)
Sec. 6.14h. The Health Care Sanctity and Privacy Law.
(a) This Section may be referred to as the Health Care
Sanctity and Privacy Law.
(b) As used in this Section:
"Administrative volunteer" means an individual who serves
as a volunteer at a hospital in only an administrative
capacity.
"Law enforcement agent" means an agent of federal, State,
or local law enforcement authorized with the power to arrest
or detain individuals, or manage the custody of detained
individuals, for civil immigration enforcement.
"Patient" means any person who has received or is
receiving medical care, treatment, or services from an
individual or institution licensed to provide medical care or
treatment in this State.
(c) Each general acute care hospital shall adopt and
implement a policy regarding interactions with law enforcement
agents by January 1, 2026, and all other hospitals shall adopt
and implement a policy regarding interactions with law
enforcement agents by March 1, 2026. Each policy adopted under

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this subsection must include, at a minimum:
(1) The designation of a contact person or persons to
be notified of all law enforcement presence or information
requests at the hospital and procedures to respond to
those requests. The designated contact person or persons
shall be legal counsel of the hospital or other
individuals within the administration of the hospital.
(2) Procedures to verify the identity and authority of
any law enforcement agent involved in civil immigration
activities at the hospital site, including, but not
limited to, the use of best efforts to request and
document the first and last name of the law enforcement
agent, the name of the law enforcement agency, and the
badge number of any law enforcement agent presenting with
a patient or requesting information about a patient.
(3) Procedures for designating space for law
enforcement agents to remain and wait at a hospital,
considering public interest, staff safety, and patient
needs; provided, however, that a law enforcement agent may
access such areas of the hospital as the hospital's
designated contact person approves if the law enforcement
agent: (i) complies with hospital policy and State and
federal law, including, but not limited to, that the law
enforcement agent has a valid judicial warrant or court
order signed by a judge or magistrate to accompany a
patient in the law enforcement agent's custody or

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otherwise be present in the facility or (ii) is requested
by hospital staff to respond to a safety or security issue
within the hospital.
(4) Procedures to ensure that patients are provided
with:
(A) a notice of privacy policies in accordance
with 45 CFR 164.520, including information about the
patient's right to request an amendment to the
patient's medical record, which shall be made
available in the languages of the populations of
persons living within the geographic area served by
the hospital in compliance with the Language
Assistance Services Act and which may include a
request that any of the following information be
deleted, redacted, or amended:
(i) place of birth;
(ii) immigration or citizenship status; or
(iii) information from birth certificates,
passports, permanent resident cards, alien
registration cards, or employment authorization
documents; and
(B) an opportunity, at the earliest reasonable
moment, to sign an authorization form in order to
permit the disclosure of information by the hospital
to parents, guardians, relatives, or other designees
of the patient about the patient's health status or

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hospital admission and discharge, which shall also be
made available in languages of the populations of
persons living within the geographic area served by
the hospital in compliance with the Language
Assistance Services Act.
(5) Procedures to ensure that any protected health
information requested by a law enforcement agent is
released only in strict accordance with all applicable
local, State, and federal law, including, but not limited
to, the Health Insurance Portability and Accountability
Act of 1996, as amended, and its implementing regulations,
including, but not limited to, the Privacy Rule (45 CFR
Parts 160, 162, and 164) and, including, but not limited
to, 45 CFR 164.512(e) and (f).
(6) In the case of a law enforcement agent seeking
information for the purpose of immigration enforcement, to
the extent not in conflict with 45 CFR 164.512(e) and (f),
a procedure to release information only when the following
circumstances are met, and in strict compliance with:
(A) a valid and accurate subpoena issued by a
federal judge or magistrate;
(B) a valid and accurate order issued by a federal
judge or magistrate to require access; or
(C) a valid and accurate warrant issued by a
federal judge or magistrate.
(7) Procedures to ensure annual and, as deemed

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reasonably necessary by the hospital, episodic training on
such policy to:
(A) all hospital clinical health care staff,
including, but not limited to, intake staff, emergency
room staff, and independent contractors who provide
clinical services;
(B) security personnel;
(C) designated contact persons; and
(D) administrative volunteers.
(8) Procedures to ensure all policies of the hospital
comply with this Section.
(9) A requirement that a hospital or its agents shall
not retaliate against a patient, employee, or agent who
files a complaint under this Section.
(d) The policies required by subsection (c) shall be
submitted to the Department. General acute care hospitals
shall submit the policies to the Department no later than
January 1, 2026, and all other hospitals shall submit the
policies to the Department no later than March 1, 2026.
(e) Hospitals shall post, either by physical or electronic
means, in a conspicuous place within the hospital, which is
accessible to patients, employees, and visitors, a
description, provided by the Department, regarding the phone
number that individuals can call to learn about their
immigration rights. Notices under this Section shall be posted
in the predominant language or languages spoken in the

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hospital's service area.
(f) By January 15, 2026, the Department shall notify any
general acute care hospital that has failed to provide a copy
of the policy required under this Section, and by March 15,
2026, the Department shall notify all other hospitals that
have failed to provide a copy of the policy required under this
Section. The Department may adopt emergency rules to enforce
compliance with the provisions of this Section. This emergency
rulemaking authority shall expire 6 months after the effective
date of this amendatory Act of the 104th General Assembly.
A hospital receiving such a notice shall have 7 working
days to provide a copy of the policy. The failure of a hospital
to submit a copy of such a policy within 7 working days may
subject the hospital to the imposition of a fine by the
Department. The Department may impose a fine of up to $500 per
day until the hospital files the policy.
(g) The Department shall have the authority to investigate
and respond to complaints from patients, employees, and the
public alleging noncompliance with subsection (c). A hospital
and its agents shall not retaliate against a patient,
employee, or agent who files a complaint under this Section.
(h) All hospital personnel, including administrative
volunteers, shall be forever held harmless from any civil,
criminal, or other liability that may arise, now or in the
future, as a result of their reasonable compliance with the
provisions of this Section.

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(i) Nothing in this Section affects a hospital's
obligation as a mandated reporter or to otherwise respond to
instances of suspected crime on the premises.
(j) This Section is not intended to conflict with federal
law or stand as an obstacle to the enforcement of federal laws.
Section 15-15. The Illinois Administrative Procedure Act
is amended by adding Section 5-45.70 as follows:
(5 ILCS 100/5-45.70 new)
Sec. 5-45.70. Emergency rulemaking; Hospital Licensing
Act. To provide for the expeditious and timely implementation
of the changes made to the Hospital Licensing Act by this
amendatory Act of the 104th General Assembly, emergency rules
implementing the changes made to that Act by this amendatory
Act of the 104th General Assembly may be adopted in accordance
with Section 5-45 by the Department of Public Health. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed 6 months after the effective date
of this Section.
ARTICLE 20
Section 20-5. The Public Higher Education Act is amended

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by adding Section 18 as follows:
(110 ILCS 167/18 new)
Sec. 18. Immigration status and immigration enforcement.
(a) As used in this Section:
"Citizenship or immigration status" means all matters
regarding citizenship of the United States or any other
country or the authority or lack thereof to reside in or
otherwise to be present in the United States, including an
individual's nationality, country of citizenship, or status as
an international student.
"Employee" means a full-time or part-time faculty member,
staff member, executive leader, supervisor, clerical person,
student, or contracted member of personnel employed by a
school whose role involves direct, routine, or meaningful
interaction with students to support their academic progress,
personal development, or well-being.
"Law enforcement agent" means an agent of federal, State,
or local law enforcement authorized with the power to arrest
or detain individuals, or manage the custody of detained
individuals, for civil immigration enforcement. "Law
enforcement agent" does not include an agent of a school's
police department.
"Nonjudicial warrant" means a warrant issued by a federal,
State, or local governmental agency authorized with the power
to arrest or detain individuals or manage the custody of

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detained individuals for any law enforcement purpose,
including civil immigration enforcement. "Nonjudicial warrant"
includes an immigration detainer or civil immigration warrant
as defined in the Illinois TRUST Act. "Nonjudicial warrant"
does not include a criminal warrant issued upon a judicial
determination of probable cause, in compliance with the
requirements of the Fourth Amendment to the United States
Constitution and Section 6 of Article I of the Illinois
Constitution.
"Prevailing party" includes any party:
(1) who obtains some of his or her requested relief
through a judicial judgment in his or her favor;
(2) who obtains some of his or her requested relief
through a settlement agreement approved by a court; or
(3) whose pursuit of a nonfrivolous claim was a
catalyst for a unilateral change in position by the
opposing party relative to the relief sought.
"School" means a public institution of higher education as
defined in Section 5.
"School campus" or "school's campus" means:
(1) any building or property owned or controlled by a
school within the same reasonably contiguous geographic
area of the school and used by the school in direct support
of or in a manner related to the school's educational
purposes, including, but not limited to, residence halls;
and

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(2) property within the same reasonably contiguous
geographic area of the school that is owned by the school
but controlled by another person, is used by students, and
supports school purposes, including, but not limited to, a
food or other retail vendor.
(b) Unless required by State or federal law or rule, a
school must not perform any of the following actions:
(1) Threaten to disclose the actual or perceived
citizenship or immigration status of an employee, a
student, or a person associated with an employee or
student to an external party, including immigration or law
enforcement agencies.
(2) Knowingly disclose, without the consent of the
employee or student, anything related to the perceived
citizenship or immigration status of an employee, a
student, or a person associated with an employee or
student to an external party, including immigration or law
enforcement agencies, if the school does not have direct
knowledge of the employee's, student's, or associated
person's actual citizenship or immigration status, subject
to the requirements of this subsection.
(3) Knowingly disclose, without the consent of the
employee or student, anything related to the actual
citizenship or immigration status of an employee, a
student, or a person associated with an employee or
student to any other person or nongovernmental entity if

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the school has direct knowledge of the employee's,
student's, or associated person's actual citizenship or
immigration status, subject to the requirements of this
subsection.
(4) Designate immigration status, citizenship, place
of birth, nationality, or national origin as directory
information, as that term is defined by State and federal
law.
Nothing in this subsection may be construed to:
(A) prohibit a school from complying with all
applicable State and federal laws and rules, including,
but not limited to, 8 U.S.C. 214;
(B) prohibit or restrict a school from sending to or
receiving from the United States Department of Homeland
Security or any other federal, State, or local
governmental entity information regarding the citizenship
or immigration status of an individual under Sections 1373
and 1644 of Title 8 of the United States Code;
(C) permit the disclosure of personally identifiable
education records, as that term is defined by State or
federal law, or information from those records without
complying with State and federal laws and rules governing
the disclosure of such records or information;
(D) prohibit schools from complying with valid
judicial warrants, orders, or subpoenas; or
(E) prohibit or restrict a school from disclosing

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information necessary to respond to an administrative
complaint or litigation brought against or by the school.
(c) A school must develop procedures for reviewing and
authorizing requests from law enforcement agents attempting to
enter a school's campus by January 1, 2026. The procedures
must, at a minimum, include the following:
(1) procedures for reviewing and contacting a
designated authorized person, office, or department at the
school or school facility, which person, office, or
department may contact the school's legal counsel, and
procedures for that authorized person, office, or
department or legal counsel to review requests to enter a
school's campus, including judicial warrants or orders,
nonjudicial warrants, and subpoenas;
(2) procedures for documenting all interactions with
law enforcement agents while on the school's campus; and
(3) procedures for notifying and seeking consent from
an employee or student if a law enforcement agent requests
access to the employee or student for immigration
enforcement purposes, unless such consent is prohibited by
a judicial warrant or subpoena.
(d) A school must provide information on its website about
who employees and students should contact if a law enforcement
agent seeks to enter the school campus, enters the school
campus, or engages in nonconsensual interactions with members
of the school community, including employees or students, by

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January 1, 2026.
(e) A school shall submit to either the Illinois Community
College Board or the Illinois Board of Higher Education, as
applicable, a copy of the procedures developed to implement
subsections (b) and (c). The Illinois Community College Board
and the Illinois Board of Higher Education shall submit to the
General Assembly a report compiling the procedures received
from each school under this subsection (e) by July 1, 2026.
(f) The General Assembly finds and declares that this
Section is a State law within the meaning of subsection (d) of
Section 1621 of Title 8 of the United States Code.
(g) By January 1, 2026, a school shall provide immigration
enforcement resources on its website to help students and
employees understand their constitutional rights and access
immigration-related guidance. These resources may include, but
are not limited to, a link to illinoisimmigrationinfo.org.
This information shall be posted in a clear and easily
accessible location on the school's primary website.
(h) For the purposes of this subsection, "immigration
enforcement activity" includes any arrests or detentions
conducted by agents or officers of the United States
Department of Homeland Security, United States Immigration and
Customs Enforcement, or United States Customs and Border
Protection or any other individual or entity with the power to
arrest or detain individuals or manage custody of detained
individuals for the purposes of civil immigration enforcement.

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By January 1, 2026, a school shall adopt procedures
designed to:
(1) determine if an immigration enforcement activity
is occurring or has occurred on the school's campus,
including verification of the first and last name,
employer or agency, and badge number of the lead law
enforcement agent, if possible; and
(2) notify the appropriate school-campus unit or area
if the school confirms that immigration enforcement
activity is occurring or has occurred on the school's
campus that, in the judgment of school law enforcement or
the school's public safety office, could adversely impact
school-campus safety or operations.
(i) A school may not impede students or employees from
offering, attending, or participating in training on
constitutional rights and immigration-related guidance,
including, but not limited to, attending know-your-rights
training or sharing know-your-rights flyers.
(j) Beginning January 1, 2026, any party aggrieved by
conduct that violates subsection (b) may bring a civil
lawsuit. This lawsuit must be brought no later than 2 years
after the violation of subsection (b) or 2 years from the date
the aggrieved party becomes aware of the violation of
subsection (b), whichever is later. If the court finds that a
willful violation of subsection (b) has occurred, the court
may award actual damages. The court, as it deems appropriate,

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may grant, as relief, a permanent or preliminary negative or
mandatory injunction, temporary restraining order, or other
order.
(k) Nothing in this Section may be construed to require an
exhaustion of the administrative complaint process before
civil law remedies may be pursued.
(l) Upon a motion, a court shall award reasonable
attorney's fees and costs, including expert witness fees and
other litigation expenses, to a plaintiff who is a prevailing
party in any action brought under subsection (i). In awarding
reasonable attorney's fees, the court shall consider the
degree to which the relief obtained relates to the relief
sought.
ARTICLE 25
Section 25-5. The Child Care Act of 1969 is amended by
adding Section 3.8 as follows:
(225 ILCS 10/3.8 new)
Sec. 3.8. Licensed day care centers; immigration
enforcement.
(a) As used in this Section:
"Immigration enforcement action" includes any arrests or
detentions conducted by agents or officers of the United
States Department of Homeland Security, United States

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Immigration and Customs Enforcement, or United States Customs
and Border Protection or any other individual or entity with
the power to arrest or detain individuals or manage custody of
detained individuals for the purposes of civil immigration
enforcement.
"Law enforcement agent" means an agent of federal, State,
or local law enforcement authorized with the power to arrest
or detain individuals, or manage the custody of detained
individuals, for civil immigration enforcement.
(b) A licensed day care center shall not disclose or
threaten to disclose to any other person, entity, or agency
information regarding or relating to the actual or perceived
citizenship or immigration status of a child or an associated
person, unless disclosure is required by State or federal law.
Nothing in this Section shall be construed to prohibit or
restrict an entity from sending to or receiving from the
United States Department of Homeland Security or any other
federal, State, or local governmental entity information
regarding the citizenship or immigration status of an
individual under 8 U.S.C. 1373 and 8 U.S.C. 1644.
(c) This Section does not affect a licensed day care
center's obligation as a mandated reporter or to otherwise
respond to instances of suspected crime on the premises. This
Section does not prohibit licensed day care centers from
interacting with law enforcement agents for the purposes of
hotline emergency calls or incidents arising out of mandated

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reporting.
(d) The Department of Children and Family Services or the
Department of Early Childhood, whichever is applicable, shall
make available on its website resources for families,
including, but not limited to, resources regarding the
constitutional rights of families, family preparedness plans,
and a copy of the Department of Children and Family Services'
appointment of short-term guardian form (Form CFS 444-2 or its
predecessor or successor form).
(e) If a child's parent or guardian directly faces
immigration enforcement action, a licensed day care center
shall use the child's emergency contact information and
release the child to the persons designated as the child's
emergency contacts or into the custody of an individual who
presents a properly executed appointment of short-term
guardian form on behalf of the child.
(f) A licensed day care center shall adopt policies by
January 1, 2026 to comply with this Section and shall ensure
that all staff members are trained on the adopted policies.
The policies shall not have the effect of excluding or
discouraging a child from any program at the licensed day care
center because of the child's or the child's parent or
guardian's actual or perceived immigration status shall
require the following:
(1) a written plan of action for interacting with law
enforcement agents that shall be shared with a child's

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parent or guardian and includes the following:
(A) designation of spaces deemed to be private
within the facility;
(B) designation of the licensed day care center
director or the center director's designee to serve as
the primary point of contact for interacting with law
enforcement agents; and
(C) procedures that a licensed day care center's
primary point of contact shall follow to respond and
review any request for entry by law enforcement,
including judicial warrants, orders, and subpoenas.
(2) procedures for notifying and seeking written
consent from a child's parents or guardian if a law
enforcement agent requests access to personally
identifiable information from the child's records, unless
such access is in compliance with a judicial warrant or
order or a subpoena that restricts the disclosure of the
information to the child's parents or guardian;
(3) families enrolled at the licensed day care center
to update their emergency contact list biannually; and
(4) notification to be given, within a reasonable time
period, to parents or guardians and the Department if
immigration enforcement action occurs at the licensed day
care center or its environs.
A licensed day care center's late pick-up policy shall be
updated to include the degree of diligence the licensed day

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care center will use to reach a child's emergency contacts,
including the number of attempted phone calls to parents and
emergency contacts and any requests for police assistance in
finding a child's emergency contact.
(g) Failure to comply with subsection (b) of this Section
shall result in a formal licensing violation. Failure to
comply with any other provision of this Section may result in a
licensing violation.
ARTICLE 99
Section 99-97. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99-99. Effective date. This Act takes effect upon
becoming law.