SB0035enr 100TH GENERAL ASSEMBLY

SB0035 Enrolled LRB100 04992 RJF 15002 b

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Immigration Safe Zones Act.

Section 5. Legislative findings. The General Assembly finds that:

(1) This State is committed to ensuring that all residents are treated equally notwithstanding race, religion, national origin, disability status, sexual orientation, gender, or immigration status.

(2) All residents of this State are entitled to live with dignity and without fear.

(3) Immigrants are valuable and essential members of the Illinois community, and should be able to live full and productive lives without fear of the government.

(4) A relationship of trust between the Illinois immigrant community and State and local agencies is central to the public safety of the people of this State. This trust is threatened when State and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear going to court, seeking basic health services, or attending school to the detriment of public safety and the well-being of all residents of this State.

(5) The General Assembly shall continue to strive to create an environment where all residents are protected to the best of this State's ability.

Section 10. Model policies for immigration enforcement.

(a) In this Section, "immigration enforcement" means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in, the United States.

(b) The Attorney General by April 1, 2019, in consultation with appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and State law ensuring the following facilities remain safe and accessible to all residents of this State, regardless of immigration status:

(1) State-funded schools, including licensed day care centers, pre-schools, and other early learning programs; elementary and secondary schools; and institutions of higher education;

(2) State-funded medical treatment and health care facilities, including hospitals, health clinics, emergency or urgent care facilities, nursing homes, group homes for persons with developmental disabilities, community-integrated living arrangements, and State mental health facilities;

(3) public libraries;

(4) facilities operated by the Office of the Secretary of State; and

(5) courts of this State.

(c) The model policies created under subsection (b) of this Section shall incorporate protections against unreasonable searches and seizures and requirements for warrants based on probable cause guaranteed by the Fourth Amendment of the United States Constitution, Article I, Section 6 of the Illinois Constitution, and other relevant constitutional and legal protections. Facilities enumerated in subsection (b) of this Section shall implement the model policy or an equivalent policy. All other organizations and entities that provide services related to physical or mental health and wellness or education are encouraged to adopt the model policy.

Section 20. Review of file information; questions regarding citizenship. On and after the effective date of this Act, all applications, questionnaires, and interview forms used in relation to benefits, opportunities, or services provided by a State agency or in-State or in-district tuition verification, scholarships, grants, or services provided by a public elementary or secondary school or public institution of higher education shall be promptly reviewed by that State agency, school, or institution and any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal law, or court order shall be removed within 60 days after the effective date of this Act. Sixty days after the effective date of this Act, an application, questionnaire, or interview form used in relation to benefits, opportunities, or services provided by a State agency or in-State or in-district tuition verification, scholarships, grants, or services provided by a public elementary or secondary school or public institution of higher education shall not contain any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal law, or court order.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.