Bill Text: IL HB5762 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois TRUST Act. Specifies that provisions of the Act that prohibit the enforcement of federal civil immigration laws by State law enforcement agencies and officials do not apply if the State law enforcement agency or official is presented with a valid, enforceable federal warrant. Specifies that nothing in those provisions prohibits communication between federal agencies or officials and law enforcement agencies or officials. Deletes prohibitions against agreements to detain individuals for federal civil immigration violations. Deletes various specified prohibitions against assisting with immigration enforcement. Repeals the Court Access, Safety, and Participation Act.

Sponsorship: Partisan Bill (Republican 5)

Status: (Introduced) 2026-05-06 - Added Co-Sponsor Rep. Tony M. McCombie [HB5762 Detail]

Download: Illinois-2025-HB5762-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5762 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
5 ILCS 805/15
705 ILCS 96/Act rep.
Amends the Illinois TRUST Act. Specifies that provisions of the Act that prohibit the enforcement of federal civil immigration laws by State law enforcement agencies and officials do not apply if the State law enforcement agency or official is presented with a valid, enforceable federal warrant. Specifies that nothing in those provisions prohibits communication between federal agencies or officials and law enforcement agencies or officials. Deletes prohibitions against agreements to detain individuals for federal civil immigration violations. Deletes various specified prohibitions against assisting with immigration enforcement. Repeals the Court Access, Safety, and Participation Act.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois TRUST Act is amended by changing
Section 15 as follows:
(5 ILCS 805/15)
Sec. 15. Prohibition on enforcing federal civil
immigration laws.
(a) A law enforcement agency or law enforcement official
shall not detain or continue to detain any individual solely
on the basis of any immigration detainer or civil immigration
warrant or otherwise comply with an immigration detainer or
civil immigration warrant.
(b) A law enforcement agency or law enforcement official
shall not stop, arrest, search, detain, or continue to detain
a person solely based on an individual's citizenship or
immigration status.
(c) This Section 15 does not apply if a law enforcement
agency or law enforcement official is presented with a valid,
enforceable federal warrant. Nothing in this Section 15
prohibits communication between federal agencies or officials
and law enforcement agencies or officials (Blank).
(d) A law enforcement agency or law enforcement official

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acting in good faith in compliance with this Section who
releases a person subject to an immigration detainer or civil
immigration warrant shall have immunity from any civil or
criminal liability that might otherwise occur as a result of
making the release, with the exception of willful or wanton
misconduct.
(e) A law enforcement agency or law enforcement official
may not inquire about or investigate the citizenship or
immigration status or place of birth of any individual in the
agency or official's custody or who has otherwise been stopped
or detained by the agency or official. Nothing in this
subsection shall be construed to limit the ability of a law
enforcement agency or law enforcement official, pursuant to
State or federal law, to notify a person in the law enforcement
agency's custody about that person's right to communicate with
consular officers from that person's country of nationality,
or facilitate such communication, in accordance with the
Vienna Convention on Consular Relations or other bilateral
agreements. Nothing in this subsection shall be construed to
limit the ability of a law enforcement agency or law
enforcement official to request evidence of citizenship or
immigration status pursuant to the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
Article 24 of the Criminal Code of 2012, or 18 United States
Code Sections 921 through 931.
(f) Unless otherwise limited by federal law, a law

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enforcement agency or law enforcement official may not deny
services, benefits, privileges, or opportunities to an
individual in custody or under probation status, including,
but not limited to, eligibility for or placement in a lower
custody classification, educational, rehabilitative, or
diversionary programs, on the basis of the individual's
citizenship or immigration status, the issuance of an
immigration detainer or civil immigration warrant against the
individual, or the individual being in immigration removal
proceedings.
(g)(1) (Blank). No law enforcement agency, law enforcement
official, or any unit of State or local government may enter
into or renew any contract, intergovernmental service
agreement, or any other agreement to house or detain
individuals for federal civil immigration violations.
(2) (Blank). Any law enforcement agency, law enforcement
official, or unit of State or local government with an
existing contract, intergovernmental agreement, or other
agreement, whether in whole or in part, that is utilized to
house or detain individuals for civil immigration violations
shall exercise the termination provision in the agreement as
applied to housing or detaining individuals for civil
immigration violations no later than January 1, 2022.
(h) (Blank). Unless presented with a federal criminal
warrant, or otherwise required by federal law, a law
enforcement agency or official may not:

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(1) participate, support, or assist in any capacity
with an immigration agent's enforcement operations,
including any collateral assistance such as coordinating
an arrest in a courthouse or other public facility,
providing use of any equipment, transporting any
individuals, or establishing a security or traffic
perimeter surrounding such operations, or any other
on-site support;
(2) give any immigration agent access, including by
telephone, to any individual who is in that agency's
custody;
(3) transfer any person into an immigration agent's
custody;
(4) permit immigration agents use of agency facilities
or equipment, including any agency electronic databases
not available to the public, for investigative interviews
or other investigative or immigration enforcement purpose;
(5) enter into or maintain any agreement regarding
direct access to any electronic database or other
data-sharing platform maintained by any law enforcement
agency, or otherwise provide such direct access to the
U.S. Immigration and Customs Enforcement, United States
Customs and Border Protection or any other federal entity
enforcing civil immigration violations;
(6) provide information in response to any immigration
agent's inquiry or request for information regarding any

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individual in the agency's custody; or
(7) provide to any immigration agent information not
otherwise available to the public relating to an
individual's release or contact information, or otherwise
facilitate for an immigration agent to apprehend or
question an individual for immigration enforcement.
(i) Nothing in this Section shall preclude a law
enforcement official from otherwise executing that official's
duties in investigating violations of criminal law and
cooperating in such investigations with federal and other law
enforcement agencies (including criminal investigations
conducted by federal Homeland Security Investigations (HSI))
in order to ensure public safety.
(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)
(705 ILCS 96/Act rep.)
Section 10. The Court Access, Safety, and Participation
Act is repealed.