HB4685 104TH GENERAL ASSEMBLY

LRB104 19430 RLC 32878 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4685

Introduced , by Rep. Norma Hernandez

SYNOPSIS AS INTRODUCED:

720 ILCS 5/10-3.2 new

Amends the Criminal Code of 2012. Creates the offense of unlawful restraint for civil immigration enforcement. Provides that a person commits the offense when he or she knowingly and without express legal authority from an immigration agent: (1) detains another for the purpose of civil immigration enforcement; (2) by force or threat of imminent force transfers another person from one place to another with the intent to detain the other person for civil immigration enforcement; (3) by deceit or enticement induces another person to transfer from one place to another with intent to detain the other person for civil immigration enforcement; or (4) uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement. Provides that the offense does not apply to any immigration agent. Provides that a violation is a Class 4 felony, except when the person uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement, a violation is a Class 3 felony.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by adding Section 10-3.2 as follows:

(720 ILCS 5/10-3.2 new)

Sec. 10-3.2. Unlawful restraint for civil immigration enforcement.

(a) As used in this Section:

"Civil immigration enforcement" means the execution or attempted execution of any non-criminal arrests or detentions ordered or authorized by an immigration agent. "Civil immigration enforcement" does not include actions related to the enforcement of federal criminal charges, or the execution or attempted execution of a federal criminal warrant.

"Express legal authority" means clear oral or written instructions from an immigration agent granting an individual employed or otherwise acting on behalf of an immigration agency the authorization to detain or transfer a specific individual.

"Immigration agent" means an agent of federal Immigration and Customs Enforcement, federal Customs and Border Protection, or any similar or successor agency, or any other individual with the power to arrest or detain individuals or manage custody of detained individuals for purposes of civil immigration enforcement while acting in that capacity or conducting investigations or enforcement pursuant to that power.

(b) A person commits unlawful restraint for civil immigration enforcement when he or she knowingly and without express legal authority from an immigration agent:

(1) detains another for the purpose of civil immigration enforcement;

(2) by force or threat of imminent force transfers another person from one place to another with the intent to detain the other person for civil immigration enforcement;

(3) by deceit or enticement induces another person to transfer from one place to another with intent to detain the other person for civil immigration enforcement; or

(4) uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement.

(c) This Section does not apply to any immigration agent.

(d) Sentence. A violation of paragraph (1), (2), or (3) of subsection (b) is a Class 4 felony. A violation of paragraph (4) of subsection (b) is a Class 3 felony.