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| Public Act 102-0234
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| SB0667 Enrolled | LRB102 12147 KMF 17484 b |
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AN ACT concerning immigration.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Illinois Way Forward Act.
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Section 5. The Illinois TRUST Act is amended by changing |
Sections 5, 10, and 15 and by adding Sections 25 and 30 as |
follows:
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(5 ILCS 805/5)
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Sec. 5. Legislative purpose. Recognizing that State law |
does not currently grant State or local law enforcement the |
authority to enforce federal civil immigration laws, it is the |
intent of the General Assembly that nothing in this Act shall |
be construed to authorize any law enforcement agency or law |
enforcement official to enforce federal civil immigration law. |
The changes made to the definitions of immigration detainer |
and civil immigration warrant (formerly "non-judicial |
immigration warrant") by Section 10 of this amendatory Act of |
the 102nd General Assembly are declarative of existing law. |
This Act shall not be construed to prohibit or restrict any |
entity from sending to, or receiving from, the United States |
Department of Homeland Security or other federal, State, or |
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local government entity information regarding the citizenship |
or immigration status of any individual under Sections 1373 |
and 1644 of Title 8 of the United States Code. Further, nothing |
in this Act shall prevent a law enforcement officer from |
contacting another law enforcement agency for the purposes of |
clarifying or confirming the civil or criminal nature and |
status of notifications or other records possible offenses in |
a record provided by the National Crime Information Center, or |
detaining someone based on a notification in the Law |
Enforcement Agencies Data Administrative System unless it is |
clear that request is based on a non-judicial immigration |
warrant.
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(Source: P.A. 100-463, eff. 8-28-17.)
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(5 ILCS 805/10)
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Sec. 10. Definitions. In this Act: |
"Citizenship or immigration status" means all matters |
regarding citizenship of the United States or any other |
country or the authority to reside in or otherwise be present |
in the United States. |
"Civil immigration warrant" means any document that is not |
approved or ordered by a judge that can form the basis for an |
individual's arrest or detention for a civil immigration |
enforcement purpose. "Civil immigration warrant" includes Form |
I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to |
Detain or Release Alien", Form I-205 "Warrant of |
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Removal/Deportation", Form I-286 "Notice of Custody |
Determination", any predecessor or successor form, and all |
warrants, hits, or requests contained in the "Immigration |
Violator File" of the FBI's National Crime Information Center |
(NCIC) database. "Civil immigration warrant" does not include |
any criminal warrant. |
"Contact information" means home address, work address, |
telephone number, electronic mail address, social media |
information, or any other personal identifying information |
that could be used as a means to contact an individual. |
"Immigration agent" means an agent of federal Immigration |
and Customs Enforcement, federal Customs and Border |
Protection, or any similar or successor agency. |
"Immigration detainer" means a request to a State or local |
law enforcement agency to provide notice of release or |
maintain custody of an individual based on an alleged |
violation of a civil immigration law, including detainers |
issued under Sections 1226 or 1357 of Title 8 of the United |
States Code or 287.7 or 236.1 of Title 8 of the Code of Federal |
Regulations. "Immigration detainer" includes Form I-247A |
"Immigration Detainer – Notice of Action" and any predecessor |
or successor form. a document issued by an immigration agent |
that is not approved or ordered by a judge and requests a law |
enforcement agency or law enforcement official to provide |
notice of release or maintain custody of a person, including a |
detainer issued under Section 1226 or 1357 of Title 8 of the |
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United States Code or Section 236.1 or 287.7 of Title 8 of the |
Code of Federal Regulations. |
"Law enforcement agency" means an agency of the State or |
of a unit of local government charged with enforcement of |
State, county, or municipal laws or with managing custody of |
detained persons in the State. |
"Law enforcement official" means any individual with the |
power to arrest or detain individuals, including law |
enforcement officers, county corrections officer, and others |
employed or designated by a law enforcement agency. "Law |
enforcement official" includes any probation officer. |
"Non-judicial immigration warrant" means a Form I-200 or |
I-205 administrative warrant or any other immigration warrant |
or request that is not approved or ordered by a judge, |
including administrative warrants entered into the Federal |
Bureau of Investigation's National Crime Information Center |
database.
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(Source: P.A. 100-463, eff. 8-28-17.)
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(5 ILCS 805/15)
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Sec. 15. Prohibition on enforcing federal civil |
immigration laws.
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(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 non-judicial |
immigration warrant or otherwise comply with an immigration |
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detainer or civil non-judicial 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) (Blank). 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. |
(d) A law enforcement agency or law enforcement official |
acting in good faith in compliance with this Section who |
releases a person subject to an immigration detainer or civil |
non-judicial 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.
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(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 |
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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 |
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 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) 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. |
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(2) 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) Unless presented with a federal criminal warrant, or |
otherwise required by federal law, a law enforcement agency or |
official may not: |
(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 |
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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 |
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. 100-463, eff. 8-28-17.)
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(5 ILCS 805/25 new) |
Sec. 25. Reporting requirements. |
(a) In order to ensure compliance with this Act, starting |
on the effective date of this amendatory Act of the 102nd |
General Assembly, law enforcement agencies shall submit a |
report annually to the Attorney General. This report shall |
include: |
(1) Any requests from the United States Department of |
Homeland Security, including, but not limited to, |
Immigration and Customs and Enforcement, with respect to |
participation, support, or assistance in any immigration |
agent's civil enforcement operation, and any documentation |
regarding how the request was addressed, provided that if |
an agency does not receive any such requests during a |
reporting period, the agency shall certify and report that |
it received no such requests; |
(2) All immigration detainers or civil immigration |
warrants received by the law enforcement agency, provided |
that if an agency does not receive any such detainers or |
warrants during a reporting period, the agency shall |
certify and report that it received no such detainers or |
warrants. The reports shall include: |
(A) the date when the immigration detainer or |
civil immigration warrant was received; |
(B) the date and time the individual subject to |
the immigration detainer or civil immigration warrant |
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posted criminal bail, if applicable; |
(C) whether the individual subject to the |
immigration detainer or civil immigration warrant was |
released or transferred; |
(D) the date and time the individual was released |
or transferred; and |
(E) if the individual is transferred, to which |
governmental agency's custody. |
(b) Law enforcement agencies shall not include names or |
other personally identifying information in any reports |
required under this Section.
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(5 ILCS 805/30 new) |
Sec. 30. Attorney General enforcement provisions. In order |
to ensure compliance with this Act: |
(a) The Attorney General shall have authority to conduct |
investigations into violations of this Act. The Attorney |
General may: (1) require a law enforcement agency, law |
enforcement official, or any other person or entity to file a |
statement or report in writing under oath or otherwise, as to |
all information the Attorney General may consider necessary; |
(2) examine under oath any law enforcement official or any |
other person alleged to have participated in or with knowledge |
of the alleged violation; or (3) issue subpoenas, obtain |
records, conduct hearings, or take any other actions in aid of |
any investigation. In the event a law enforcement agency, law |
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enforcement official, or other person or entity fails to |
comply, in whole or in part, with a subpoena or other |
investigative request issued pursuant to this paragraph, the |
Attorney General may compel compliance through an action in |
the circuit court. |
(b) Upon his or her own information or upon the complaint |
of any person, the Attorney General may maintain an action for |
declaratory, injunctive or any other equitable relief in the |
circuit court against any law enforcement agency, law |
enforcement official, or other person or entity who violates |
any provision of this Act. These remedies are in addition to, |
and not in substitution for, other available remedies.
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Section 10. The Voices of Immigrant Communities Empowering |
Survivors (VOICES) Act is amended by changing Section 10 and |
by adding Sections 11, 20, 25, and 30 as follows:
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(5 ILCS 825/10)
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Sec. 10. Certifications for victims of qualifying criminal |
activity. |
(a) The head of each certifying agency shall designate an |
official or officials in supervisory roles, either within the |
agency or, by agreement with another agency with concurrent |
jurisdiction over the geographic area or subject matter |
covered by that agency, within that other agency. Designated |
officials may not be members of a collective bargaining unit |
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represented by a labor organization, unless the official is an |
attorney or is employed in an agency in which all supervisory |
officials are members of a collective bargaining unit. |
Certifying officials shall: |
(1) respond to requests for completion of |
certification forms received by the agency, as required by |
this Section; and |
(2) make information regarding the agency's procedures |
for certification requests publicly available for victims |
of qualifying criminal activity and their representatives. |
(b) Any person seeking completion of a certification form |
shall first submit a request for completion of the |
certification form to the certifying official for any |
certifying agency that detected, investigated, or prosecuted |
the criminal activity upon which the request is based. |
(c) A request for completion of a certification form under |
this Section may be submitted by a representative of the |
person seeking the certification form, including, but not |
limited to, an attorney, accredited representative, or |
domestic violence or sexual assault services provider. |
(d) Upon receiving a request for completion of a |
certification form, a certifying official shall complete the |
certification form for any victim of qualifying criminal |
activity. In completing the certification form, there is a |
rebuttable presumption that a victim is helpful, has been |
helpful, or is likely to be helpful to the detection or |
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investigation or prosecution of that qualifying criminal |
activity, if the victim has not refused or failed to provide |
information and assistance reasonably requested by law |
enforcement. The certifying official shall fully complete and |
sign the certification form and, regarding victim helpfulness, |
include specific details about the nature of the crime |
investigated or prosecuted and a detailed description of the |
victim's helpfulness or likely helpfulness to the detection or |
investigation or prosecution of the criminal activity. If the |
certifying official cannot determine that the applicant is a |
victim of qualifying criminal activity, the certifying |
official may provide written notice to the person or the |
person's representative explaining why the available evidence |
does not support a finding that the person is a victim of |
qualifying criminal activity. The certifying official shall |
complete the certification form and provide it to the person |
within 90 business days of receiving the request, except: |
(1) if the person making the request for completion of |
the certification form is in federal immigration removal |
proceedings or detained, the certifying official shall |
complete and provide the certification form to the person |
no later than 21 business days after the request is |
received by the certifying agency; |
(2) if the children, parents, or siblings of the |
person making the request for completion of the |
certification form would become ineligible for benefits |
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under Sections 1184(p) and 1184(o) of Title 8 of the |
United States Code by virtue of the person's children |
having reached the age of 21 years, the person having |
reached the age of 21 years, or the person's sibling |
having reached the age of 18 years within 90 business days |
from the date that the certifying official receives the |
certification request, the certifying official shall |
complete and provide the certification form to the person |
no later than 21 business days after the request is |
received by the certifying agency; |
(3) if the person's children, parents, or siblings |
under paragraph (2) of this subsection (d) would become |
ineligible for benefits under Sections 1184(p) and 1184(o) |
of Title 8 of the United States Code in less than 21 |
business days of receipt of the certification request, the |
certifying official shall complete and provide a |
certification form to the person within 5 business days; |
or |
(4) a certifying official may extend the time period |
by which it must complete and provide the certification |
form to the person as required under this subsection (d) |
only upon written agreement with the person or person's |
representative. |
Requests for expedited completion of a certification form |
under paragraphs (1), (2), and (3) of this subsection (d) |
shall be affirmatively raised by the person or that person's |
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representative in writing to the certifying agency and shall |
establish that the person is eligible for expedited review. |
(e) A certifying official who issued an initial |
certification form shall complete and reissue a certification |
form within 90 business days of receiving a request from a |
victim to reissue. If the victim seeking recertification has a |
deadline to respond to a request for evidence from United |
States Citizenship and Immigration Services, the certifying |
official shall complete and issue the form no later than 21 |
business days after the request is received by the certifying |
official. Requests for expedited recertification shall be |
affirmatively raised by the victim or victim's representative |
in writing and shall establish that the victim is eligible for |
expedited review. A certifying official may extend the |
deadline by which he or she will complete and reissue the |
certification form only upon written agreement with the victim |
or victim's representative. |
(f) Notwithstanding any other provision of this Section, a |
certifying official's completion of a certification form shall |
not be considered sufficient evidence that an applicant for a |
U or T visa has met all eligibility requirements for that visa |
and completion of a certification form by a certifying |
official shall not be construed to guarantee that the victim |
will receive federal immigration relief. It is the exclusive |
responsibility of federal immigration officials to determine |
whether a person is eligible for a U or T visa. Completion of a |
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certification form by a certifying official merely verifies |
factual information relevant to the federal immigration |
benefit sought, including information relevant for federal |
immigration officials to determine eligibility for a U or T |
visa. By completing a certification form, the certifying |
official attests that the information is true and correct to |
the best of the certifying official's knowledge. No provision |
in this Act limits the manner in which a certifying officer or |
certifying agency may describe whether the person has |
cooperated or been helpful to the agency or provide any |
additional information the certifying officer or certifying |
agency believes might be relevant to a federal immigration |
officer's adjudication of a U or T visa application. If, after |
completion of a certification form, the certifying official |
later determines the person was not the victim of qualifying |
criminal activity or the victim unreasonably refuses to assist |
in the investigation or prosecution of the qualifying criminal |
activity of which he or she is a victim, the certifying |
official may notify United States Citizenship and Immigration |
Services in writing. |
(g) A certifying official or agency receiving requests for |
completion of certification forms shall not disclose the |
immigration status of a victim or person requesting the |
certification form, except to comply with federal law or State |
law, legal process, or if authorized, by the victim or person |
requesting the certification form.
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(Source: P.A. 100-1115, eff. 1-1-19.)
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(5 ILCS 825/11 new) |
Sec. 11. Denials. |
(a) If the certifying official cannot determine that the |
requester is a victim of a qualifying criminal activity, the |
certifying official shall provide written notice to the person |
or the person's representative explaining why the available |
evidence does not support a finding that the person is a victim |
of qualifying criminal activity. The certifying official shall |
submit the notice to the address provided in the request and |
shall provide contact information should the requester desire |
to appeal the decision. The certifying agency or certifying |
official shall accept all appeals and must respond to the |
appeals within 30 business days. |
(b) Notwithstanding subsection (a), no requester is |
required to exhaust an administrative appeal under subsection |
(a) before filing a mandamus action or seeking other equitable |
relief in circuit court for a completed certification form |
required under Section 10.
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(5 ILCS 825/20 new) |
Sec. 20. Reporting requirements. |
(a) In order to ensure compliance with this Act, starting |
on the effective date of this amendatory Act of the 102nd |
General Assembly, law enforcement agencies shall submit a |
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report annually to the Attorney General. This report shall |
include the following information regarding any requests for |
completion of a certification form under Section 10 of this |
Act: |
(1) the date of receipt of such request; and |
(2) the date on which the law enforcement agency |
provided the completed certification form to the requester |
or provided written notice explaining why the available |
evidence does not support a finding that the requester is |
a victim of qualifying criminal activity. |
If an agency receives no requests for completion of a |
certification form during a reporting period, the agency shall |
certify and report that it received no such requests. |
(b) Law enforcement agencies shall not include names or |
other personally identifying information in any reports |
required under this Section.
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(5 ILCS 825/25 new) |
Sec. 25. Training. Each certifying agency shall arrange |
for regular training for officials designated under subsection |
(a) of Section 10 of this Act regarding all requirements of |
this Act.
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(5 ILCS 825/30 new) |
Sec. 30. Attorney General enforcement provisions. In order |
to ensure compliance with this Act: |
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(a) The Attorney General shall have authority to conduct |
investigations into violations of this Act. The Attorney |
General may: |
(1) require a law enforcement agency, law enforcement |
official, or any other person or entity to file a |
statement or report in writing under oath or otherwise, as |
to all information the Attorney General may consider |
necessary; |
(2) examine under oath any law enforcement official or |
any other person alleged to have participated in or with |
knowledge of the alleged violation; or |
(3) issue subpoenas, obtain records, conduct hearings, |
or take any other actions in aid of any investigation. In |
the event a law enforcement agency, law enforcement |
official, or other person or entity fails to comply, in |
whole or in part, with a subpoena or other investigative |
request issued pursuant to this paragraph, the Attorney |
General may compel compliance through an action in the |
circuit court. |
(b) Upon his or her own information or upon the complaint |
of any person, the Attorney General may maintain an action for |
declaratory, injunctive or any other equitable relief in the |
circuit court against any law enforcement agency, law |
enforcement official, or other person or entity who violates |
any provision of this Act. These remedies are in addition to, |
and not in substitution for, other available remedies.
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