Immigration (Enforcement)

Reaffirms the right to due process as the bedrock of a fair judicial system. Condemns racial profiling and the violent tactics that are eroding trust in all of law enforcement. Condemns the lawless actions of the Trump Administration that have defied local and constitutional laws and denied people of all types of immigration status their rights to due process.

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.

Amends the Child Care Act of 1969. Provides that a licensed day care center shall not disclose or threaten to disclose to any other person, entity, or agency information regarding or relating to the actual or perceived citizenship or immigration status of a child or an associated person, unless disclosure is required by State or federal law. Provides that a licensed day care center shall not consent to entry to its premises by a law enforcement agent for immigration enforcement action unless the law enforcement agent provides valid identification and a signed judicial warrant or order or subpoena to enter the facility. Requires the Department of Children and Family Services or the Department of Early Childhood, as is applicable, to make available on its website specified resources for families. Provides that, if a child's parent or guardian directly faces immigration enforcement action, a licensed day care center shall use the child's emergency contact information and release the child to the persons designated as the child's emergency contacts or into the custody of an individual who presents a properly executed appointment of short-term guardian form on behalf of the child. Sets forth provisions requiring a licensed day care center to adopt certain policies concerning consent to disclosure. Establishes enforcement provisions for violations of disclosure provisions. Effective immediately.

Creates the Illinois Bivens Act. Authorizes any resident of the State, other than an officer or employee of a State or local governmental entity in the State, to bring a civil action against any person who, while participating in civil immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the United States Constitution. Establishes remedies for violations of the Act. Creates criteria that are to be used in determining the amount of punitive damages that will be awarded under the Act. Amends the Whistleblower Act. Provides that an employer may not take retaliatory action against an employee for disclosing or threatening to disclose in good faith a violation of the Illinois Bivens Act. Makes conforming changes to the definition of "retaliatory action". Makes the provisions of the Act severable. Effective immediately.

Amends the Child Care Act of 1969. Provides that a licensed day care center shall not disclose or threaten to disclose to any other person, entity, or agency information regarding or relating to the actual or perceived citizenship or immigration status of a child or an associated person, unless disclosure is required by State or federal law. Requires the Department of Children and Family Services or the Department of Early Childhood, as is applicable, to make available on its website specified resources for families. Provides that, if a child's parent or guardian directly faces immigration enforcement action, a licensed day care center shall use the child's emergency contact information and release the child to the persons designated as the child's emergency contacts or into the custody of an individual who presents a properly executed appointment of short-term guardian form on behalf of the child. Sets forth provisions requiring a licensed day care center to adopt certain policies concerning consent to disclosure. Provides that the policies shall not have the effect of excluding or discouraging a child from any program at the licensed day care center because of the actual or perceived immigration status of the child or the child's parent or guardian. Establishes enforcement provisions for violations of disclosure provisions. Effective immediately.