Bill Text: IL HR0205 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the ICE Monitoring Task Force whose purpose is to review ICE practices and procedures within the State, review the use and condition of detention centers in the State, and review all ICE contracts in Illinois, including those with Private Detention Centers, the Illinois State Police, and the Department of Motor Vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-07-02 - Rule 19(b) / Re-referred to Rules Committee [HR0205 Detail]

Download: Illinois-2019-HR0205-Introduced.html

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HOUSE RESOLUTION
WHEREAS, The Constitution of the State of Illinois of 1970
Article 1 Section 2 protects the rights of due process of
individuals in Illinois; SECTION 2. DUE PROCESS AND EQUAL
PROTECTION "No person shall be deprived of life, liberty or
property without due process of law nor be denied the equal
protection of the laws."; and
WHEREAS, The Constitution of Illinois Article 1 Section 2
does not contradict the U.S. Constitution protections afforded
to all Americans by the Fifth and Fourteenth amendments; and
WHEREAS, The Supreme Court has held that the Due Process
Clause applies to all noncitizens in the United States
Constitution; "Aliens, even Aliens whose presence in this
country is unlawful, have long been recognized as 'persons'
guaranteed due process of law by the Fifth and Fourteenth
Amendments" Pyler v. Doe, U.S. 202, 210 (1982); and
WHEREAS, The Supreme Court has recognized family unity as a
necessary protected interest by the United States
Constitution; "There is a fundamental liberty interest of
natural parents in the care, custody and management of their
child"; Santosky v. Kramer, 455 U.S. 745, 753 (1982); and

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WHEREAS, Illinois serves as the third largest recipient of
federal grants for detention centers in the United States; and
WHEREAS, "Illinois agencies received nearly $90 million in
federal grants in the last two fiscal years to help resettle
unaccompanied minors coming to the U.S." as reported by ABC 7
News Chicago; and
WHEREAS, "In 2017, the American Pediatric Association
released a statement, "Immigrant children seeking safe haven in
the United States should never be placed in detention
facilities. Studies of detained immigrants have shown that
children and parents may suffer negative physical and emotional
symptoms from detention, including anxiety, depression and
posttraumatic stress disorder. Conditions in U.S. detention
facilities, which include forcing children to sleep on cement
floors, open toilets, constant light exposure, insufficient
food and water, no bathing facilities, and extremely cold
temperatures, are traumatizing for children. No child should
ever have to endure these conditions."; and
WHEREAS, Currently, Illinois participates in detaining
children under the federal government's Zero Tolerance Policy
by way of providing facilities for detention funded by federal
grants; and

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WHEREAS, ICE (U.S. Immigration and Customs Enforcement) is
an agency created in 2003 by the Department of Homeland
Security, through the Homeland Security Act of 2002; and
WHEREAS, The Homeland Security Act is a Congressional
legislation, and the creation of ICE is administrative creation
for enforcement; and
WHEREAS, ICE is the official enforcement arm of the Custom
Border Patrol under Homeland Security that identifies and
separates children and places them in Illinois detention
centers; and
WHEREAS, ICE has protocols titled the Parental Directive to
aid in communication between child detainees and their parents,
but they have not been followed, resulting in numerous children
in Illinois unable to be reunified with families or communicate
in a timely manner; and
WHEREAS, ICE has contracts of interservice
agreements/contracts with Illinois local agencies such as the
Illinois State Police and the DMV to share information,
yielding names of individuals who may be detained and separated
from their children while held in detention centers; and
WHEREAS, In Manigault v. Springs, the Supreme Court said,

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It is the settled law of this court that the interdiction of
statutes impairing the obligation of contracts does not prevent
the State from exercising such powers as are vested in it for
the promotion of the common weal, or are necessary for the
general good of the public, though contracts previously entered
into between individuals may thereby be affected. This power,
which in its various ramifications is known as the police
power, is an exercise of the sovereign right of the Government
to protect the lives, health, morals, comfort and general
welfare of the people, and is paramount to any rights under
contracts between individuals. 480. 34. 290 U.S. at 438; and
WHEREAS, The Supreme Court further cited Home Building &
Loan Association v. Blaisdell 290 U.S. 398 (1934); in upholding
the legislation, the Court established new standards by which
to evaluate the validity of legislation impairing the
obligations of contracts; the inquiry is not simply whether an
obligation is impaired, but rather "whether the legislation is
addressed to a legitimate end, and the measures taken are
reasonable and appropriate to that end." This flexible standard
allows the Court to construe the contract; The legitimacy of
the ends and the reasonableness of the means were judged by the
following five factors: (1) an emergency must exist that
furnishes a "proper occasion for the exercise of the reserved
power of the State to protect the vital interests of the
community, (2) the legislation must be for the protection of a

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basic interest of society, not for the mere advantage of
particular individuals, (3) the relief must be appropriate to
the character of the emergency that existed, (4) the conditions
of the legislation must be reasonable, and (5) the legislation
must be temporary and limited to the exigency that called it
forth; and
WHEREAS, The State of Illinois has a right to review
contracts and operations of detention centers that are causing
harm to Illinois youth on Illinois soil; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
there is created the ICE Monitoring Task Force whose purpose is
the following:
(1) Review ICE practices and procedures within the
State;
(2) Review the use and condition of detention centers
in Illinois; and
(3) Review all ICE contracts in Illinois, including
those with Private Detention Centers, the Illinois State
Police, and the Department of Motor Vehicles; and be it
further
RESOLVED, That the Task Force shall consist of the
following members, who shall serve without compensation:

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(1) Two members nominated by the Latino Policy Forum
and appointed by the Speaker of the House, one of whom
shall serve as co-chair;
(2) Two members nominated by the Loyola Civitas Child
Law Center and appointed by the Minority Leader of the
House, one of whom shall serve as co-chair;
(3) Two members nominated by the ACLU and appointed by
the Senate President;
(4) One member nominated by Arab American Family
Services and appointed by the Senate Minority Leader;
(5) One member nominated by the National Immigration
Law and Justice Center and appointed by the Speaker of the
House; and
(6) One member nominated by the Illinois Coalition for
Immigrants and Refugee Rights and appointed by the Minority
Leader of the House; and be it further
RESOLVED, That the Task Force shall meet for the first time
at the call of the co-chairs; and be it further
RESOLVED, That the Illinois Department of Human Rights
shall provide administrative support; and be it further
RESOLVED, That the Task Force shall submit its final report
to the General Assembly and the Governor no later than December
31, 2019, and, upon the filing of its report, is dissolved.