Bill Text: IL HB4685 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Creates the offense of unlawful restraint for civil immigration enforcement. Provides that a person commits the offense when he or she knowingly and without express legal authority from an immigration agent: (1) detains another for the purpose of civil immigration enforcement; (2) by force or threat of imminent force transfers another person from one place to another with the intent to detain the other person for civil immigration enforcement; (3) by deceit or enticement induces another person to transfer from one place to another with intent to detain the other person for civil immigration enforcement; or (4) uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement. Provides that the offense does not apply to any immigration agent. Provides that a violation is a Class 4 felony, except when the person uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement, a violation is a Class 3 felony.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4685 Detail]

Download: Illinois-2025-HB4685-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4685 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED:
720 ILCS 5/10-3.2 new
Amends the Criminal Code of 2012. Creates the offense of unlawful restraint for civil immigration enforcement. Provides that a person commits the offense when he or she knowingly and without express legal authority from an immigration agent: (1) detains another for the purpose of civil immigration enforcement; (2) by force or threat of imminent force transfers another person from one place to another with the intent to detain the other person for civil immigration enforcement; (3) by deceit or enticement induces another person to transfer from one place to another with intent to detain the other person for civil immigration enforcement; or (4) uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement. Provides that the offense does not apply to any immigration agent. Provides that a violation is a Class 4 felony, except when the person uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement, a violation is a Class 3 felony.
LRB104 19430 RLC 32878 b
A BILL FOR
HB4685 LRB104 19430 RLC 32878 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 10-3.2 as follows:
(720 ILCS 5/10-3.2 new)
Sec. 10-3.2. Unlawful restraint for civil immigration
enforcement.
(a) As used in this Section:
"Civil immigration enforcement" means the execution or
attempted execution of any non-criminal arrests or detentions
ordered or authorized by an immigration agent. "Civil
immigration enforcement" does not include actions related to
the enforcement of federal criminal charges, or the execution
or attempted execution of a federal criminal warrant.
"Express legal authority" means clear oral or written
instructions from an immigration agent granting an individual
employed or otherwise acting on behalf of an immigration
agency the authorization to detain or transfer a specific
individual.
"Immigration agent" means an agent of federal Immigration
and Customs Enforcement, federal Customs and Border
Protection, or any similar or successor agency, or any other

HB4685 - 2 - LRB104 19430 RLC 32878 b
individual with the power to arrest or detain individuals or
manage custody of detained individuals for purposes of civil
immigration enforcement while acting in that capacity or
conducting investigations or enforcement pursuant to that
power.
(b) A person commits unlawful restraint for civil
immigration enforcement when he or she knowingly and without
express legal authority from an immigration agent:
(1) detains another for the purpose of civil
immigration enforcement;
(2) by force or threat of imminent force transfers
another person from one place to another with the intent
to detain the other person for civil immigration
enforcement;
(3) by deceit or enticement induces another person to
transfer from one place to another with intent to detain
the other person for civil immigration enforcement; or
(4) uses a deadly weapon while detaining or
transferring another person from one place to another with
the intent to detain the other person for civil
immigration enforcement.
(c) This Section does not apply to any immigration agent.
(d) Sentence. A violation of paragraph (1), (2), or (3) of
subsection (b) is a Class 4 felony. A violation of paragraph
(4) of subsection (b) is a Class 3 felony.