SB2685 104TH GENERAL ASSEMBLY

LRB104 14519 RLC 27659 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2685

Introduced 10/14/2025, by Sen. Willie Preston

SYNOPSIS AS INTRODUCED:

New Act

Creates the Unmasked Federal Enforcement Transparency Act. Provides that an officer, agent, employee, or contractor of the U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, Homeland Security Investigations, or any other component of the U.S. Department of Homeland Security engaged in immigration-related arrests, detentions, or field investigations in Illinois shall not wear a face covering or otherwise intentionally conceal the officer's or agent's face or identity while conducting or participating in an enforcement action in the State. Provides that a temporary face covering may be used only when the supervising officer documents, in writing, an immediate and specific safety threat that cannot be mitigated by other means. Provides that during an enforcement action, a covered federal officer or agent shall display: (1) a clearly visible name or unique identification number; and (2) a clearly visible insignia or marking identifying the officer's federal agency. Provides that use of unmarked uniforms or equipment that obscures agency affiliation is prohibited during public-facing enforcement activity. Provides that no State agency, unit of local government, or law enforcement officer shall materially assist, coordinate with, or provide resources to any enforcement action that violates these provisions. Provides that the Attorney General may receive and investigate complaints of violations of the Act, may issue subpoenas, and may bring a civil action for declaratory or injunctive relief in any court of competent jurisdiction. Provides that no employee or contractor of a State or local governmental entity shall be retaliated against for reporting a violation of the Act to the Attorney General. Preempts home rule. Defines terms. Contains a severability provision. Effective immediately.

A BILL FOR

AN ACT concerning immigration enforcement.

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 Unmasked Federal Enforcement Transparency Act.

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

(1) The use of masked, unidentified federal agents in public enforcement actions has generated fear, confusion, and distrust in communities across Illinois, particularly among immigrant residents.

(2) Illinois Attorney General Kwame Raoul, along with a coalition of state attorneys general, has urged Congress to prohibit such practices as contrary to transparency and accountability standards traditionally observed by law enforcement.

(3) Federal legislation such as the "No Secret Police Act of 2025" has been introduced to require clear identification of Department of Homeland Security personnel and to ban face coverings during detentions and arrests.

(4) Illinois has a compelling interest in protecting civil liberties, preventing impersonation of officers, and ensuring public safety during any law enforcement activity carried out within its borders.

Section 10. Definitions. In this Act:

"Covered federal officer or agent" means any officer, employee, or contractor of the U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, Homeland Security Investigations, or any other component of the U.S. Department of Homeland Security engaged in immigration-related arrests, detentions, or field investigations in Illinois.

"Enforcement action" means an arrest, detention, search, seizure, or other field operation involving interaction with members of the public.

"Face covering" means any mask, balaclava, scarf, shield, or other item worn primarily to conceal the identity of the wearer, but does not include equipment necessary for respiratory protection in a declared public health emergency when the officer's name and agency remain clearly displayed.

Section 15. Prohibition on concealing identity.

(a) A covered federal officer or agent shall not wear a face covering or otherwise intentionally conceal the officer's or agent's face or identity while conducting or participating in an enforcement action in this State.

(b) A temporary face covering may be used only when the supervising officer documents, in writing, an immediate and specific safety threat that cannot be mitigated by other means.

(c) Any use of the exception in subsection (b) must be reported to the Office of the Illinois Attorney General within 7 calendar days, including:

(1) the date, time, and location of the enforcement action;

(2) the nature of the documented threat; and

(3) steps taken to minimize concealment and protect the public.

Section 20. Uniform and identification requirements.

(a) During an enforcement action, a covered federal officer or agent shall display:

(1) a clearly visible name or unique identification number; and

(2) a clearly visible insignia or marking identifying the officer's federal agency.

(b) Use of unmarked uniforms or equipment that obscures agency affiliation is prohibited during public-facing enforcement activity.

Section 25. State and local cooperation.

(a) No State agency, unit of local government, or law enforcement officer shall materially assist, coordinate with, or provide resources to any enforcement action that violates Sections 15 or 20 of this Act.

(b) This Section does not prohibit cooperation required by a valid federal court order.

Section 30. Enforcement; Attorney General.

(a) The Attorney General may receive and investigate complaints of violations of this Act, may issue subpoenas, and may bring a civil action for declaratory or injunctive relief in any court of competent jurisdiction.

(b) The Attorney General shall publish an annual public report summarizing complaints and compliance trends.

Section 35. Whistleblower protection. No employee or contractor of a State or local governmental entity shall be retaliated against for reporting a violation of this Act to the Attorney General.

Section 40. Home rule. The regulation of face coverings and identity under this Act are exclusive powers and functions of the State. A home rule unit may not regulate the matters covered by this Act. This Act is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 45. Severability. The provisions of this Act are severable. If any provision or its application is held invalid, the remaining provisions are not affected.

Section 99. Effective date. This Act takes effect upon becoming law.