Immigration (Enforcement)

This resolution (HR 83) urges Illinois to repeal the TRUST Act, a law that restricts local police from cooperating with federal immigration enforcement. The TRUST Act prohibits police from asking about immigration status during routine stops, detaining individuals solely based on immigration status, sharing information with ICE, or entering agreements to detain people for immigration violations. The resolution argues these restrictions hinder law enforcement cooperation, risk losing federal funding, and reduce community safety by limiting police effectiveness. As a non-binding resolution, it does not change law but formally requests the state government to seek repeal.

Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Repeals provisions in the Illinois Public Aid Code and the Illinois Administrative Procedure Act relating to medical services for certain noncitizens. Amends the Department of Human Services Act. Creates the Asylum Travel Expense Program in the Department of Human Services to provide noncitizens seeking asylum who are residing in Illinois transportation and travel expenses for travel to another state that prohibits law enforcement or other governmental agencies from assisting the United States Immigration and Customs Enforcement or other federal government agency with immigration enforcement or to the country of origin of the noncitizen seeking asylum. Requires the method of transportation selected by the Department to be by the cheapest means to transport the noncitizen seeking asylum to the noncitizen's desired destination. Provides for the transfer of $10,000,000 from the General Revenue Fund into the Asylum Travel Expense Program Fund to fund the Program. Amends the State Finance Act to create the Fund. Effective immediately.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall, at the request of the Department of Homeland Security, including, but not limited to, Immigration and Customs Enforcement or a federal immigrant agent: (1) participate, support, or assist in any capacity with an immigration agent's enforcement operations; (2) provide the immigration agent access to an individual in the Department's custody, either in person or by telephone; (3) transfer any individual in the Department's custody into an immigration agent's custody; (4) allow the use of Department facilities or equipment, including any electronic databases, 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 the Department and provide such direct access to the U.S. Immigration and Customs Enforcement Agency; and (6) provide information in response to any immigration agent's inquiry or request for information regarding any individual in the Department's custody including information regarding the individual's release. Amends the Illinois TRUST Act to make conforming changes.

Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.

Amends the Illinois TRUST Act. Provides that certain limitations under the Act regarding actions that may be taken by law enforcement agencies and officials do not apply with respect to an individual who is not a citizen of the United States and who has been charged or convicted of a criminal offense under Illinois law. Directs a law enforcement agency or official to immediately notify an immigration agent whenever it has in its custody such an individual. Effective immediately.

Expresses support to Immigration and Customs Enforcement (ICE), an agency within the United States Department of Homeland Security, for its efforts in enforcing federal immigration law. Recognizes ICE's role in cooperating with Illinois law enforcement to apprehend individuals who pose threats to public safety.

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding any other law to the contrary, a peace officer who arrests a person for a felony and reasonably believes that the person arrested is residing in the United States in violation of the federal Immigration and Nationality Act, may inquire about the immigration status of the person arrested. Provides that the peace officer may notify U.S. Immigration and Customs Enforcement of the person's arrest and pending prosecution when the peace officer reasonably believes that the person arrested for a felony is residing in the United States in violation of the federal Immigration and Nationality Act. Provides that upon request from any federal agency, law enforcement agencies shall provide known immigration status of any person arrested or charged with a felony. Amends the Illinois TRUST Act to make conforming changes.

Creates the Immigration Enforcement Act. Requires every school district to review its comprehensive school safety plan, and amend, if necessary, its comprehensive school safety plan to include procedures specifically designed to notify parents and guardians of pupils, teachers, administrators, and school personnel when the school confirms the presence of immigration enforcement on school premises. Requires postsecondary educational entities, and each campus of those postsecondary educational entities, to make good faith efforts to notify all students, faculty, and staff who work on campus when the presence of immigration enforcement is confirmed on campus. Provides that health care provider entity personnel shall immediately notify health care provider entity management, administration, or legal counsel of any request for access to a health care provider entity site or patient for immigration enforcement. Establishes the Deportation Defense Grant Program for the hiring of a public defender to assist those who will act as an attorney to a noncitizen in an immigration case or for a nonprofit who assists in the immigration legal casework. Makes a conforming change the Counties Code. Amends the Illinois Vehicle Code. Provides that ALPR information may be shared by a law enforcement agency only for purposes of locating vehicles or persons if there is probable cause of being involved in the commission of a criminal offense. Provides that before a request for ALPR information may be processed, a law enforcement agency must obtain and review a police report to ensure compliance, which, if granted and shared, the relevant information may only be accessed or retained for a maximum of 15 days before a new request is required. Provides that an ALPR system that gives out information in violation of the provisions shall be liable for civil penalties of up to $25,000 per violation. Provides that the commission of a deceptive practice by a law enforcement official in violation of the provisions is a Class B misdemeanor. Provides that each ALPR system shall produce an biannual audit report submitted to the Secretary of State showing all searches for a police department conducted by customers outside of the police department. Effective immediately.