Bill Text: IL HB1637 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Keep Illinois Families Together Act. Provides that the Attorney General, within 90 days of the effective date of this Act, in consultation with the appropriate stakeholders, shall propose new rules related to limiting assistance with immigration enforcement at the following facilities to the fullest extent possible consistent with federal and State law to ensure that these facilities remain safe and accessible to all Illinois residents, regardless of immigration status: (1) public schools, including public pre-schools and other early learning programs, public elementary and secondary schools, and public institutions of higher education; (2) State-funded medical treatment and health care facilities, including hospitals, health clinics, emergency or urgent care facilities, nursing homes, group homes for persons with developmental disabilities, community-integrated living arrangements, and State mental health facilities; (3) public libraries; (4) facilities operated by the Office of the Secretary of State; and (5) courthouses. Provides that within 6 months of the effective date of the Act, all State agencies, public schools, and public institutions of higher education shall review their confidentiality policies to identify any changes necessary to limit collection of information from individuals to that information necessary to perform agency duties and to limit use or disclosure of information for any other purpose. Provides that a law enforcement agency or official may not inquire about the citizenship or immigration status or place of birth of any individual, including any person who has been arrested or detained by the agency, any person in the agency or official's custody, any person submitting to questioning by the agency or official, any crime victim, any witness, or any person who calls or approaches the law enforcement agency or official seeking assistance. Makes other changes.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2019-03-13 - Added Co-Sponsor Rep. Kelly M. Cassidy [HB1637 Detail]

Download: Illinois-2019-HB1637-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1637

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:
New Act

Creates the Keep Illinois Families Together Act. Provides that the Attorney General, within 90 days of the effective date of this Act, in consultation with the appropriate stakeholders, shall propose new rules related to limiting assistance with immigration enforcement at the following facilities to the fullest extent possible consistent with federal and State law to ensure that these facilities remain safe and accessible to all Illinois residents, regardless of immigration status: (1) public schools, including public pre-schools and other early learning programs, public elementary and secondary schools, and public institutions of higher education; (2) State-funded medical treatment and health care facilities, including hospitals, health clinics, emergency or urgent care facilities, nursing homes, group homes for persons with developmental disabilities, community-integrated living arrangements, and State mental health facilities; (3) public libraries; (4) facilities operated by the Office of the Secretary of State; and (5) courthouses. Provides that within 6 months of the effective date of the Act, all State agencies, public schools, and public institutions of higher education shall review their confidentiality policies to identify any changes necessary to limit collection of information from individuals to that information necessary to perform agency duties and to limit use or disclosure of information for any other purpose. Provides that a law enforcement agency or official may not inquire about the citizenship or immigration status or place of birth of any individual, including any person who has been arrested or detained by the agency, any person in the agency or official's custody, any person submitting to questioning by the agency or official, any crime victim, any witness, or any person who calls or approaches the law enforcement agency or official seeking assistance. Makes other changes.
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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 Keep
5Illinois Families Together 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,
11 disability status, sexual orientation, gender, or
12 immigration status.
13 (2) All residents of this State are entitled to live
14 with dignity and without fear.
15 (3) Immigrants are valuable and essential members of
16 the Illinois community and should be able to live full and
17 productive lives without fear of the government.
18 (4) A relationship of trust between this State's
19 immigrant community and State and local agencies is central
20 to the public safety of the people of Illinois. This trust
21 is threatened when State and local agencies are entangled
22 with federal immigration enforcement, with the result that
23 immigrant community members fear going to court, seeking

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1 basic health or other services, or pursuing education to
2 the detriment of public safety and the well-being of all
3 residents.
4 (5) The General Assembly shall continue to strive to
5 create an environment where all residents are protected to
6 the best of this State's ability.
7 Section 10. Model policies for certain facilities.
8 (a) In accordance with the Illinois Administrative
9Procedure Act, the Attorney General, within 90 days of the
10effective date of this Act, in consultation with the
11appropriate stakeholders, shall propose new rules related to
12limiting assistance with immigration enforcement at the
13following facilities to the fullest extent possible consistent
14with federal and State law to ensure that these facilities
15remain safe and accessible to all Illinois residents,
16regardless of immigration status:
17 (1) Public schools, including public pre-schools and
18 other early learning programs, public elementary and
19 secondary schools, and public institutions of higher
20 education.
21 (2) State-funded medical treatment and health care
22 facilities, including hospitals, health clinics, emergency
23 or urgent care facilities, nursing homes, group homes for
24 persons with developmental disabilities,
25 community-integrated living arrangements, and State mental

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1 health facilities.
2 (3) Public libraries.
3 (4) Facilities operated by the Office of the Secretary
4 of State.
5 (5) Courthouses.
6 (b) Within 90 days of the adoption of the rules described
7in subsection (a), the Attorney General shall publish model
8policies for the categories of facilities described in
9subsection (a) that provides guidance on compliance with the
10adopted rules and any other best practices for limiting
11assistance with immigration enforcement to the fullest extent
12possible consistent with federal and State law. All facilities
13shall implement the model policy or an equivalent policy that
14is in compliance with the adopted rule.
15 (c) All other organizations and entities that provide
16services related to physical or mental health and wellness or
17education are encouraged to adopt the appropriate model policy
18published under subsection (b).
19 (d) In this Section, "immigration enforcement" includes
20any and all efforts to investigate, enforce, or assist in the
21investigation or enforcement of any federal civil immigration
22law including any and all efforts to investigate, enforce, or
23assist in the investigation or enforcement of any federal
24criminal immigration law that penalizes a person's presence in,
25entry or reentry to, or employment in, the United States.

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1 Section 15. Information collection and confidentiality.
2 (a) Within 6 months of the effective date of this Act, all
3State agencies, public schools, and public institutions of
4higher education shall review their confidentiality policies
5to identify any changes necessary to limit collection of
6information from individuals to that information necessary to
7perform agency duties and to limit use or disclosure of
8information for any other purpose.
9 (b) The review described in subsection (a) shall include a
10review of all applications, questionnaires, and interview
11forms used in relation to benefits, opportunities, or services
12provided by a State agency, or to in-State or in-district
13tuition verification, scholarship, grant, or service provided
14by a public elementary or secondary school or public
15institution of higher education. Within 6 months after the
16effective date of this Act, all State agencies, public schools,
17and public institutions of higher education shall remove any
18questions regarding citizenship or immigration status from any
19application, questionnaire, and interview form, other than
20those questions required by statute, ordinance, federal law, or
21court order. No State agency, public school, or public
22institution of higher education may add any question regarding
23citizenship or immigration status to any application,
24questionnaire, or interview form unless those questions are
25required by statute, ordinance, federal law, or court order.
26 (c) Any further necessary changes to agency, school, or

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1institutional confidentiality and data collection policies
2must be made within one year of the effective date of this Act,
3consistent with agency, school, or institutional procedures.
4These policies must restrict any public employee from making
5services conditional upon, or requesting information or proof
6regarding a person's immigration or citizenship status or place
7of birth, except as required by statute, ordinance, federal
8law, or court order. These policies must also require that
9public services are available to, and public employees must
10serve, all Illinois residents without regard to immigration or
11citizenship status.
12 Section 20. Public safety.
13 (a) In this Section:
14 "Immigration agent" means an agent of federal
15 Immigration and Customs Enforcement, federal Customs and
16 Border Protection, an individual authorized to conduct
17 enforcement of civil immigration laws under 8 U.S.C.
18 1357(g) or any other federal law, any other federal agent
19 charged with enforcement of civil immigration laws, or any
20 successor.
21 "Immigration enforcement operation" means any
22 operation that has as one of its objectives the
23 identification or apprehension of a person or persons: (1)
24 in order to subject such person or persons to civil
25 immigration detention, removal proceedings and removal

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1 from the United States; or (2) to criminally prosecute a
2 person or persons for offenses related to immigration
3 status, including but not limited to violations of 8 U.S.C.
4 1253, 1304, 1306(a) and (b), 1325, or 1326.
5 "Law enforcement agency" means an agency in this State
6 charged with enforcement of State, county, or municipal
7 laws or with managing custody of detained persons in the
8 State, including municipal police departments, sheriff's
9 departments, campus police departments, the Department of
10 State Police, and the Department of Juvenile Justice.
11 "Law enforcement official" means any officer or other
12 agent of a State or local law enforcement agency authorized
13 to enforce criminal laws, rules, regulations, or local
14 ordinances or operate jails, correctional facilities, or
15 juvenile detention facilities or to maintain custody of
16 individuals in jails, correctional facilities, or juvenile
17 detention facilities also including any school resource
18 officer or other police or security officer assigned to any
19 public school, including any public pre-school and other
20 early learning program, public elementary and secondary
21 school, or public institution of higher education.
22 (b) A law enforcement agency or official may not inquire
23about the citizenship or immigration status or place of birth
24of any individual, including any person who has been arrested
25or detained by the agency, any person in the agency or
26official's custody, any person submitting to questioning by the

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1agency or official, any crime victim, any witness, or any
2person who calls or approaches the law enforcement agency or
3official seeking assistance. Nothing in this subsection (b)
4shall be construed to limit the ability of a law enforcement
5agency or official to inform a person in the law enforcement
6agency's custody about that person's right to communicate with
7consular officers from that person's country of nationality, or
8facilitate such communication, in accordance with the Vienna
9Convention on Consular Relations.
10 (c) A law enforcement agency or official may not
11participate in immigration enforcement operations, including
12any collateral assistance such as establishing a traffic
13perimeter surrounding such operations. A law enforcement
14agency or official may not provide to any immigration agent any
15information regarding persons who may be the subject of
16immigration enforcement operations.
17 (d) A law enforcement agency or official may not enter into
18an agreement under 8 U.S.C. 1357(g) or any other federal law
19that permits State or local governmental entities to enforce
20federal civil immigration laws.
21 (e) A law enforcement agency or official may not:
22 (1) give any immigration agent access to any individual
23 in that agency's custody;
24 (2) transfer any person into an immigration agent's
25 custody;
26 (3) permit immigration agents use of agency facilities

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1 or equipment, including any agency electronic databases
2 not available to the public, for investigative interviews
3 or other investigative or immigration enforcement purpose;
4 (4) respond to any immigration agent's inquiry or
5 request for information regarding any individual in the
6 agency's custody; or
7 (5) provide to any immigration agent information
8 regarding any individual's release contact information, or
9 otherwise facilitate an immigration agent to apprehend an
10 individual for immigration enforcement.
11 (f) Notwithstanding any other provision of this Section, if
12an immigration agent presents to a law enforcement official or
13law enforcement agency a criminal warrant, the law enforcement
14official or law enforcement agency may conduct any of the
15activities listed in subsections (b), (c), or (e) or otherwise
16communicate or coordinate with an immigration agent solely for
17assisting with that specific purpose.
18 (g) A law enforcement agency may not deny services,
19benefits, privileges, or opportunities to individuals in
20custody, or under community custody or probation status, on the
21basis of the presence of an immigration detainer or
22non-judicial immigration warrant as defined in Section 10 of
23the Illinois TRUST Act.
24 (h) Nothing in this Section shall preclude a law
25enforcement official from otherwise executing that official's
26duties in ensuring public safety.
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