Bill Text: IL SB0667 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Illinois Way Forward Act. Amends the Illinois TRUST Act. In a provision concerning prohibition on enforcing federal civil immigration laws, provides that 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. Provides that a certain provision shall not be construed to limit the ability of a law enforcement agency or law enforcement official 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. Provides that a specified provision shall not be construed to limit the ability of law enforcement agencies or officials to request evidence of citizenship or immigration status for specified purposes. Provides that 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. Provides that unless presented with a federal criminal warrant, or otherwise required by federal law, a law enforcement agency or official may not perform specified actions. Provides that law enforcement agencies shall submit a report annually to the Attorney General to ensure compliance with the Illinois TRUST Act. Provides that the Attorney General has enforcement powers to ensure compliance with the Illinois TRUST Act. Amends the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Makes similar changes. Provides for training officials to ensure compliance with this Act. Makes other changes. Defines terms. Contains a severability provision. Effective immediately.

Spectrum: Partisan Bill (Democrat 49-0)

Status: (Passed) 2021-08-02 - Public Act . . . . . . . . . 102-0234 [SB0667 Detail]

Download: Illinois-2021-SB0667-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0667 Introduced 2/25/2021, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
5 ILCS 805/10
Amends the Illinois TRUST Act. Modifies the definitions of "immigration detainer" and "non-judicial immigration warrant" for purposes of the Act. Effective immediately.
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A BILL FOR
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AN ACT concerning immigration.
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 10 as follows:
(5 ILCS 805/10)
Sec. 10. Definitions. In this Act:
"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 pursuant to Sections 1226 or 1357 of Title 8 of the
United States Code or Sections 287.7 or 236.1 of Title 8 of the
Code of Federal Regulations. An immigration detainer includes,
but is not limited to, Form I-247A (Immigration Detainer –
Notice of Action form) 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 United States Code
or Section 236.1 or 287.7 of Title 8 of the Code of Federal
Regulations.

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"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.
"Non-judicial immigration warrant" means an immigration
warrant of arrest, order to detain or release aliens, notice
of custody determination, notice to appear, removal order,
warrant of removal, or any other document that can form the
basis for an individual's arrest or detention for a civil
immigration enforcement purpose. A civil immigration warrant
includes, but is not limited to, Form I-200 (Warrant for the
Arrest of Alien), Form I-205 (Warrant of Removal/Deportation),
any predecessor or successor form, and all warrants, hits, or
requests contained in the Immigration Violator File of the
National Crime Information Center database of the Federal
Bureau of Investigations. "Non-judicial immigration warrant"
does not include any criminal warrant issued upon a judicial
determination of probable cause, and in compliance with the
requirements of the 4th Amendment to the United States
Constitution and Section 6 of Article I of the Illinois
Constitution. a Form I-200 or I-205 administrative warrant or
any other immigration warrant or request that is not approved

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or ordered by a judge, including administrative warrants
entered into the Federal Bureau of Investigation's National
Crime Information Center database.
(Source: P.A. 100-463, eff. 8-28-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.