SB1472 103RD GENERAL ASSEMBLY

LRB103 28914 LNS 55300 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1472

Introduced 2/7/2023, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

New Act

Creates the Noncitizens Rights Act. Prohibits an agent or agency from requesting information about or otherwise investigating or assisting in the investigation of the citizenship or immigration status of any person unless such inquiry or investigation is required by State statute, federal regulation, or court decision. Restricts a law enforcement or other agency of the State or other local government from inquiring into the immigration status of a person who interacts with a governmental agency. Requires law enforcement and other government offices that regularly have people walk in to report violations of law or to complain about government operations to prominently post signs describing the government's policy of not asking about an individual's immigration status. Provides that no agency or assigned counsel shall disclose information regarding the citizenship or immigration status of a person unless required to do so by legal process or when such a disclosure has been authorized in writing by the individual to whom such information pertains. Allows law enforcement officers to inquire into the immigration status of a person under specified circumstances. Provides that no agent, agency, or local government employee shall condition the receipt of benefits, opportunities, or services provided by the State on matters related to citizenship or immigration status unless required to do so by statute, federal regulation, or court decision. Provides that where presentation of a State driver's license or State issued government identification card is accepted as adequate evidence of identity, presentation of photo identity documents issued by the person's nation of origin shall be accepted and shall not subject the person to a higher scrutiny or different treatment than if the person had provided a State driver's license or government identification card. Establishes prohibited State or federal agency or agent actions. Authorizes an agency or agent to communicate with ICE in order to determine whether a matter involves enforcement based solely on a violation of civil immigration law. Establishes provisions related to liability and remedies for violations of the Act. Sets forth requirements for the removal of files maintained by agencies when such files contain information regarding citizenship or immigration status.

A BILL FOR

AN ACT concerning human rights.

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 Noncitizens Rights Act.

Section 5. Definitions. As used in this Act:

"Administrative warrant" means an immigration warrant issued by the Immigration and Customs Enforcement Agency, or a successor or similar federal agency charged with enforcement of civil immigration law, used as a noncriminal warrant for immigration purposes.

"Agency" means every State department, agency, division, council, committee, board, other body, or person established by authority of statute, executive order, or administrative rules.

"ICE" means the United States Immigration and Customs Enforcement Agency and shall include any successor agency charged with the enforcement of civil immigration law.

"Immigration detainer" means an official request issued by ICE, or other federal agency charged with the enforcement of civil immigration laws, to another federal, State, or local law enforcement agency to detain an individual based on a violation of civil immigration law.

"Investigation of the citizenship or immigration status" means questions of United States citizenship, citizenship of any other country, legal right to reside or otherwise be present in the United States, and the time or manner of a person's entry into the United States.

"Local government" means the government of municipalities, counties, and all other subdivisions of government through the State.

Section 10. Prohibited status requests.

(a) No agent or agency shall request information about or otherwise investigate or assist in the investigation of the citizenship or immigration status of any person unless such inquiry or investigation is required by State statute, federal regulation, or court decision. Notwithstanding this subsection, the State may investigate and inquire about immigration status when such an investigation or inquiry is relevant to potential or actual litigation or an administrative proceeding in which the State is or may be a party to. If an individual's immigration status is relevant, the assigned counsel is not permitted to discuss the immigration or citizenship status to any State or federal law enforcement unless the investigation pertains to a violent crime.

(b) No law enforcement or other agency of the State or other local government shall inquire into the immigration status of any person who interacts with a governmental agency, or ask for the person's social security number or other information that would disclose an individual's immigration status.

(c) Law enforcement and other government offices that regularly have people walk in to report violations of law or to complain about government operations shall prominently post signs describing the government's policy of not asking about an individual's immigration status.

Section 15. Disclosing prohibited information. Except as otherwise provided under applicable federal law, no agency or assigned counsel shall disclose information regarding the citizenship or immigration status of any person unless required to do so by legal process or when such a disclosure has been authorized in writing by the individual whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual's parent or guardian.

Section 20. Permitted inquiries. Law enforcement officers may inquire into the immigration status of any person when such inquiry is required by federal law or an officer has reasonable grounds to believe that the person:

(1) has been convicted of a felony criminal law violation;

(2) was deported or left the United States after the conviction; and

(3) is again present in the United States.

Section 25. Conditioning benefits, services, or opportunities on immigration status prohibited.

(a) No agent, agency, or local government employee shall condition the receipt of benefits, opportunities, or services provided by the State on matters related to citizenship or immigration status unless required to do so by statute, federal regulation, or court decision.

(b) Where presentation of a State driver's license or State issued government identification card is accepted as adequate evidence of identity, presentation of photo identity documents issued by the person's nation of origin, such as a driver's license, passport, or martricula consular, shall be accepted and shall not subject the person to a higher scrutiny or different treatment than if the person had provided a State driver's license or government identification card. However, this subsection shall not apply to the completion of the federally mandated I-9 forms.

Section 30. Civil immigration enforcement action.

(a) Except for such reasonable time as is necessary to conduct an investigation, no State or federal agency or agent shall:

(1) arrest, detain, or continue to detain a person solely on the belief that the person is not legally present in the United States or that the person has committed a civil immigration violation;

(2) arrest, detain, or continue to detain a person based on an administrative warrant entered into the Federal Bureau of Investigation's National Crime Information Center database, or successor or similar database maintained by the United States, when the administrative warrant is based solely on the violation of a civil immigration law; or

(3) detain or continue to detain a person based upon an immigration detainer when such immigration detainer is based solely on a violation of civil immigration law.

(b) Unless an agency or agent is acting pursuant to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, no agency or agent shall:

(1) permit ICE agents access to a person being detained by, or in custody of, the agency or agent;

(2) permit ICE agents use of any agency facilities for investigation interviews or other investigative purpose; or

(3) while on duty, expend time responding to ICE inquiries or communications with ICE regarding a person's custody status or release date. While off duty, an agent is still subject to the disclosure prohibitions under this Act.

(c) An agency or agent is authorized to communicate with ICE in order to determine whether any matter involves enforcement based solely on a violation of civil immigration law.

(d) This Section shall not apply when an investigation conducted by the agent or agent indicates that the subject of the investigation:

(1) has an outstanding criminal warrant;

(2) has been convicted of a felony in any court of competent jurisdiction;

(3) is a defendant in a criminal case in any court of competent jurisdiction where a judgment has not been entered and a felony charge is pending; or

(4) has been identified as a known gang member either in a law enforcement agency's database or by the subject's own admission.

Section 35. Liability. This Act does not create or form the basis for liability on the part of the State, local government, its agents, or agencies. The exclusive remedy for violations of this Act shall be through the appropriate disciplinary procedures for officers and employees under rules, including, but not limited to, the State's personnel rules, union contracts, civil service commission rules, or any other agency rules or regulations. A person alleged of violating this Act shall forward a complaint to the office of the entity subject of the alleged violation.

Section 40. Exchanging file information. All applications, questionnaires, and interview forms used in relation to providing State benefits, opportunities, or services shall be promptly reviewed by the pertinent agency and any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal regulation, or court decision, shall be removed within 90 days of the effective date of this Act.

Section 45. Severability. If any provision, clause, Section, or application of this Act to any person or circumstance is declared invalid by any court of competent jurisdiction, such invalidity shall not affect, impair, or invalidate the remainder hereof or its applicability to any other person or circumstances.