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| Public Act 100-0463 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Illinois TRUST Act. | ||||
Section 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. | ||||
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 | ||||
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 nature and status of 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. | ||
Section 10. Definitions. In this Act: | ||
"Immigration detainer" means 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. | ||
"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 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. | ||
Section 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 non-judicial | ||
immigration warrant or otherwise comply with an immigration | ||
detainer or 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) 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 | ||
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. | ||
Section 20. Law enforcement training. By January 1, 2018, | ||
every law enforcement agency shall provide guidance to its law | ||
enforcement officials on compliance with Section 15 of this | ||
Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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