Immigration

Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that, for the fiscal year beginning July 1, 2026, and for each fiscal year thereafter, the budget shall include a separate line item request appropriating moneys to each State agency for: (1) estimated costs for services provided to undocumented immigrants and asylum seekers through various State grants, entitlements, or other programmatic services; and (2) expenditures for the previous fiscal year and estimated expenditures for the current fiscal year for services provided to undocumented immigrants and asylum seekers through various State grants, entitlements, or other programmatic services. Effective immediately.

Amends the Administration Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to provide persons lawfully admitted for permanent residence under the Immigration and Nationality Act and other people of all immigration statuses the same medical coverage for family planning and family planning-related services and supplies as provided under the Medical Assistance Program to eligible persons who are United States citizens. Provides that to be eligible for family planning and related services, lawful permanent residents or other people of all immigration statuses must meet all other eligibility qualifications under the HFS Family Planning Program established in accordance with the Illinois' Family Planning State Plan Amendment as approved by the federal Centers for Medicare and Medicaid Services. Provides that the Department shall not require lawful permanent residents or other people of all immigration statuses who are otherwise eligible for family planning and related services under the amendatory Act to complete a mandatory waiting period as a condition of receiving medical coverage.

Amends the Right to Privacy in the Workplace Act. Provides that an employer enrolled in an Employment Eligibility Verification System, including the E-Verify program, shall not impose work authorization verification or re-verification requirements greater than those required by the Employment Eligibility Verification System. Provides that, if an employer receives notification from any federal agency or other outside third party not responsible for the enforcement of immigration law of a discrepancy as it relates to an employee's individual taxpayer identification number or other identifying documents, guarantees specified rights and protections to the employee. Makes changes in provisions concerning the administration and enforcement of the Act by the Department of Labor. Sets forth provisions concerning action for civil penalties brought by an interested party; private right of action; penalties; and review under the Administrative Review Law.

Amends the Code of Criminal Procedure of 1963. Provides that, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial.

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 Personal Information Protection Act. Provides that a data collector shall not own, maintain, license, store, or disclose records that contain immigration or citizenship status information concerning an Illinois resident. Provides that the provision shall not apply to government agencies, public and private universities, or financial institutions. Provides that the definition of "personal information" includes immigration or citizenship status information. Defines "immigration or citizenship status information".

Amends the Counties Code. Provides that, in counties with a population over 3,000,000, representation by the public defender in immigration cases shall be limited to those arising or being heard within the geographical boundaries of the county where the public defender has been appointed to office and to those of county residents with immigration cases outside of the county unless the county board authorizes the public defender to provide representation beyond those limits (rather than limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the county board authorizes the public defender to provide representation outside the county).

Creates the Freedom to Train Act. Provides that notwithstanding any other law to the contrary, employers and State-supported institutions of higher learning in this State may establish, maintain, and implement policies, practices, and requirements for the employment and conduct of employees in the workplace that are designed to safeguard employees and applicants for employment from discrimination based on race, creed, color, religion, sex, age, national origin, sexual orientation, or gender identity. Provides that the policies, practices, and requirements may be developed and administered through an office of diversity, equity, and inclusion or another administrative office or program established by the employer or State-supported institution of higher learning. Effective immediately.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide medical assistance coverage to persons who are foreign-born victims of human trafficking, torture, or other serious crimes, and their derivative family members, if such persons meet certain residency and income requirements and meet one of the following conditions: (i) have filed an application for asylum status that is pending with the appropriate federal agency or have a pending appeal of such an application; (ii) are receiving services through a federally funded treatment center; (iii) have filed an application for T nonimmigrant status; (iv) have filed an application for U nonimmigrant status; or (v) have filed as a derivative family member of a T or U nonimmigrant status applicant. Removes language conditioning medical assistance eligibility for such persons on their eligibility for benefits under the Temporary Assistance for Needy Families Program and the Supplemental Nutrition Assistance Program.