SB2712 104TH GENERAL ASSEMBLY

LRB104 15775 LNS 28965 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2712

Introduced 10/14/2025, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

New Act
55 ILCS 5/3-4006	from Ch. 34, par. 3-4006
625 ILCS 5/2-130

Creates the Immigration Enforcement Act. Requires every school district to review its comprehensive school safety plan, and amend, if necessary, its comprehensive school safety plan to include procedures specifically designed to notify parents and guardians of pupils, teachers, administrators, and school personnel when the school confirms the presence of immigration enforcement on school premises. Requires postsecondary educational entities, and each campus of those postsecondary educational entities, to make good faith efforts to notify all students, faculty, and staff who work on campus when the presence of immigration enforcement is confirmed on campus. Provides that health care provider entity personnel shall immediately notify health care provider entity management, administration, or legal counsel of any request for access to a health care provider entity site or patient for immigration enforcement. Establishes the Deportation Defense Grant Program for the hiring of a public defender to assist those who will act as an attorney to a noncitizen in an immigration case or for a nonprofit who assists in the immigration legal casework. Makes a conforming change the Counties Code. Amends the Illinois Vehicle Code. Provides that ALPR information may be shared by a law enforcement agency only for purposes of locating vehicles or persons if there is probable cause of being involved in the commission of a criminal offense. Provides that before a request for ALPR information may be processed, a law enforcement agency must obtain and review a police report to ensure compliance, which, if granted and shared, the relevant information may only be accessed or retained for a maximum of 15 days before a new request is required. Provides that an ALPR system that gives out information in violation of the provisions shall be liable for civil penalties of up to $25,000 per violation. Provides that the commission of a deceptive practice by a law enforcement official in violation of the provisions is a Class B misdemeanor. Provides that each ALPR system shall produce an biannual audit report submitted to the Secretary of State showing all searches for a police department conducted by customers outside of the police department. Effective immediately.

A BILL FOR

AN ACT concerning immigration.

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 Enforcement Act.

Section 5. Definitions. As used in this Act:

"Citizenship or immigration status" means all matters regarding citizenship of the United States or any other country or the authority to reside in or otherwise be present in the United States.

"Contact information" means home address, work address, telephone number, email address, social media information, or any other personal identifying information that could be used as a means to contact an individual.

"Immigration agent" means an agent of the United States Immigration and Customs Enforcement, the United States Customs and Border Protection, or any similar or successor agency.

"Immigration enforcement" means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law. "Immigration enforcement" includes 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.

"Law enforcement agency" means an agency of the State or unit of local government charged with the 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, corrections officers, and others employed or designated by a law enforcement agency. "Law enforcement official" includes any probation officer.

Section 10. School notification.

(a) By July 1, 2026, every school district must review its comprehensive school safety plan, and amend, if necessary, its comprehensive school safety plan to include procedures specifically designed to notify parents and guardians of pupils, teachers, administrators, and school personnel when the school confirms the presence of immigration enforcement on school premises.

(b) The content and timing of a notification provided under subsection (a) shall consider the safety and well-being of the pupils, employees, and community members on school premises when determining how and when to issue the notification to parents and guardians of pupils, teachers, administrators, and school personnel.

This notification may also include a hyperlink to additional resources for families with information about their educational rights, State laws that protect parents' and students' privacy and confidentiality, and, if available, counseling or support services, which may include services that support families impacted by immigration enforcement and model policies adopted by the local educational agency.

A notice provided under this subsection shall not include any personally identifiable information.

(c) By July 1, 2026, postsecondary educational entities, and each campus of those postsecondary educational entities, shall make good faith efforts to notify, as specified, all students, faculty, and staff who work on campus when the presence of immigration enforcement is confirmed on campus.

(d) A notice provided under subsection (c) shall include all of the following:

(1) The date and time the immigration enforcement was confirmed.

(2) The location of the confirmed immigration enforcement.

(3) A hyperlink to additional resources, including the information posted on its Internet website.

A notice provided under this subsection shall not include any personally identifiable information.

Section 15. Patient access and protection.

(a) A health care provider entity shall, to the extent possible, establish or amend procedures for monitoring, documenting, and receiving visitors to health care provider entities consistent with this Section. Health care provider entities are encouraged to post a notice to authorities at health care provider entity facility entrances.

(b) Health care provider entity personnel shall immediately notify health care provider entity management, administration, or legal counsel of any request for access to a health care provider entity site or patient for immigration enforcement.

Health care provider entity personnel shall immediately provide any requests for review of health care provider entity documents, including through a lawfully issued subpoena, warrant, or court order, to health care provider entity management, administration, or legal counsel.

If a request is made to access a health care provider entity site or patient, including to obtain information about a patient or the patient's family, for immigration enforcement, health care provider entity personnel shall direct that request to the designated health care provider entity management, administrator, or legal counsel.

(c) To enhance privacy available to health care provider entity facility users and promote a safe environment conducive to the health care provider entity facility's mission and patient care, a health care provider entity shall designate areas where patients are receiving treatment or care or where a patient is discussing protected health information as nonpublic. The health care provider entity facility is encouraged to designate these areas through mapping, signage, key entry, policy, or a combination of those.

(d) Unless required by State or federal law, a health care provider entity and its personnel shall not allow any person access to the nonpublic areas of the health care provider entity facility for immigration enforcement purposes, unless that person has a valid judicial warrant or court order that specifically grants access to the nonpublic areas of the health care provider entity facility.

(e) A health care provider entity and its personnel shall, to the extent possible, have the denial of permission for access to nonpublic areas of the health care provider entity facility witnessed and documented by at least one health care provider entity personnel.

(f) Health care provider entities shall inform staff and relevant volunteers on how to respond to requests relating to immigration enforcement that grants access to health care provider entity sites or to patients.

(g) This Section does not prohibit a person who is in lawful custody from being accompanied to access health care services and for the person's transportation and arrangement to health care provider entities, and does not prohibit any person from entering nonpublic areas of a hospital to receive care for the person or someone in the person's care or custody.

(h) For purposes of this Section, "health care provider entity" includes all of the following:

(1) Public hospitals or nonpublic hospitals.

(A) For the purposes of this subsection, "public hospital" means a hospital that is licensed to a county, a city, a city and county, the State, a local health care district, a local health authority, or any other political subdivision of the State.

(B) For purposes of this subsection, "nonpublic hospital" means a hospital that meets both of the following conditions:

(i) the hospital does not meet the definition of a public hospital under subparagraph (A); and

(ii) the hospital is licensed as a general acute care hospital.

(2) Clinics.

(3) A physician organization.

(4) Other health care providers that deliver or furnish services related to physical or mental health and wellness.

Section 20. Deportation Defense Grant Program.

(a) The Deportation Defense Grant Program is established through the Illinois Criminal Justice Information Authority. This Program, totaling $3,000,000 a year, shall be used for the hiring of a public defender to assist those who will act as an attorney to a noncitizen in an immigration case or for a nonprofit who assists in the immigration legal casework.

(b) When awarding grant funds from the Program, the following shall be taken into consideration:

(1) Geographic diversity.

(2) Demographic diversity.

(3) The current size of county public defender office, if applicable.

Section 25. The Counties Code is amended by changing Section 3-4006 as follows:

(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)

Sec. 3-4006. Duties of public defender. The Public Defender, as directed by the court, shall act as attorney, without fee, before any court within any county for all persons who are held in custody or who are charged with the commission of any criminal offense, and who the court finds are unable to employ counsel.

The Public Defender shall be the attorney, without fee, when so appointed by the court under Section 1-5 of the Juvenile Court Act of 1987.

In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county without a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent.

Every court shall, with the consent of the defendant and where the court finds that the rights of the defendant would be prejudiced by the appointment of the public defender, appoint counsel other than the public defender, except as otherwise provided in Section 113-3 of the "Code of Criminal Procedure of 1963". That counsel shall be compensated as is provided by law. He shall also, in the case of the conviction of any such person, prosecute any proceeding in review which in his judgment the interests of justice require.

In any county in this State counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county.

(Source: P.A. 102-410, eff. 1-1-22; 102-1117, eff. 1-13-23.)

Section 30. The Illinois Vehicle Code is amended by changing Section 2-130 as follows:

(625 ILCS 5/2-130)

Sec. 2-130. User of automated license plate readers; prohibitions.

(a) As used in this Section:

"Automated license plate reader" or "ALPR" means an electronic device that is mounted on a law enforcement vehicle or positioned in a stationary location and that is capable of recording data on or taking a photograph of a vehicle or its license plate and comparing the collected data and photographs to existing law enforcement databases for investigative purposes. "ALPR" includes a device that is owned or operated by a person or an entity other than a law enforcement agency to the extent that data collected by the reader is shared with a law enforcement agency.

"ALPR information" means information gathered by an ALPR or created from the analysis of data generated by an ALPR.

"ALPR systems" means multi-agency or vendor agreements that allow the sharing of ALPR information collected in Illinois.

"ALPR user" means a person or entity that owns or operates an ALPR device.

"Law enforcement agency" means a State or local agency, unit of local government, or private entity charged with the enforcement of State, county, or municipal laws or with managing custody of detained persons in any state or jurisdiction.

(b) An ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that:

(1) denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services as defined by the Lawful Health Care Activity Act; or

(2) permits the detention or investigation of a person based on the person's immigration status.

(c) Any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency or federal immigration agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b). If a written declaration of affirmation is not executed, the law enforcement agency shall not share the ALPR information with the out-of-state law enforcement agency or federal immigration agency.

(d) ALPR information shall be held confidentially to the fullest extent permitted by law.

(e) Nothing in this Act shall define or limit any rights under the Reproductive Health Act.

(f) Absent exigent circumstances and subject to the limitations of subsection (b), ALPR information may be shared by a law enforcement agency only for purposes of locating vehicles or persons if there is probable cause of being involved in the commission of a criminal offense.

(g) Before a request for ALPR information may be processed, a law enforcement agency must obtain and review a police report to ensure compliance with subsection (b).

(h) After a request for ALPR information has been granted and the information has been shared, the relevant information may only be accessed or retained for a maximum of 15 days before a new request is required.

(i) ALPR information shall not be preserved for more than 15 days by a law enforcement agency except it may be preserved for more than 15 days as part of an ongoing investigation as long as the captured plate data is confirmed as matching an alert and is destroyed at the conclusion of either:

(1) an investigation that does not result in any criminal charges being filed; or

(2) any criminal action undertaken in the matter involving the captured plate data.

(j) An ALPR system that gives out information in violation of this Section shall be liable for civil penalties of up to $25,000 per violation.

(k) The commission of a deceptive practice by a law enforcement official in violation of this Section is a Class B misdemeanor.

(l) Starting January 1, 2026, each ALPR system shall produce an biannual audit report submitted to the Secretary of State showing all searches for a police department conducted by customers outside of the police department.

(Source: P.A. 103-540, eff. 1-1-24.)

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