SB3349 104TH GENERAL ASSEMBLY

LRB104 18774 RLC 32217 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3349

Introduced 2/4/2026, by Sen. Terri Bryant

SYNOPSIS AS INTRODUCED:

5 ILCS 805/Act rep.
15 ILCS 335/11	from Ch. 124, par. 31
105 ILCS 5/22-106
110 ILCS 167/18
625 ILCS 5/6-110.3

Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act, the School Code, the Public Higher Education Act, and the Illinois Vehicle Code. Effective immediately.

A BILL FOR

AN ACT concerning government.

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

(5 ILCS 805/Act rep.)

Section 5. The Illinois TRUST Act is repealed.

Section 10. The Illinois Identification Card Act is amended by changing Section 11 as follows:

(15 ILCS 335/11) (from Ch. 124, par. 31)

Sec. 11. Records.

(a) The Secretary may make a search of his records and furnish information as to whether a person has a current Standard Illinois Identification Card or an Illinois Person with a Disability Identification Card then on file, upon receipt of a written application therefor accompanied with the prescribed fee. However, the Secretary may not disclose medical information concerning an individual to any person, public agency, private agency, corporation or governmental body unless the individual has submitted a written request for the information or unless the individual has given prior written consent for the release of the information to a specific person or entity. This exception shall not apply to: (1) offices and employees of the Secretary who have a need to know the medical information in performance of their official duties, or (2) orders of a court of competent jurisdiction. When medical information is disclosed by the Secretary in accordance with the provisions of this Section, no liability shall rest with the Office of the Secretary of State as the information is released for informational purposes only.

(b) Except as otherwise provided in this Section, the Secretary may release personally identifying information only to:

(1) officers and employees of the Secretary who have a need to know that information for issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(2) other governmental agencies for use in their official governmental functions;

(3) law enforcement agencies for a criminal or civil investigation, except as restricted by subsections (g) and (h);

(3-5) the State Board of Elections as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system; or

(4) any entity that the Secretary has authorized, by rule.

(c) Except as otherwise provided in this Section, the Secretary may release highly restricted personal information only to:

(1) officers and employees of the Secretary who have a need to access the information for the issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(2) law enforcement officials for a criminal or civil law enforcement investigation, except as restricted by subsections (g) and (h);

(3) the State Board of Elections for the purpose of providing the signature for completion of voter registration; or

(4) any other entity the Secretary has authorized by rule.

(d) Documents required to be submitted with an application for an identification card to prove the applicant's identity (name and date of birth), social security number or lack of a social security number, written signature, residency, and, as applicable, citizenship and immigration status and country of citizenship shall be confidential and shall not be disclosed except to the following persons:

(1) the individual to whom the identification card was issued, upon written request;

(2) officers and employees of the Secretary of State who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(3) law enforcement officials for a civil or criminal law enforcement investigation, except as restricted by subsections (g) and (h);

(4) other entities that the Secretary may authorize by rule.

(e) The Secretary may not disclose an individual's social security number or any associated information obtained from the Social Security Administration without the written request or consent of the individual except: (i) to officers and employees of the Secretary who have a need to know the social security number in the performance of their official duties; (ii) except as restricted by subsections (g) and (h) to law enforcement officials for a civil or criminal law enforcement investigation if an officer of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security number is being sought; (iii) under a lawful court order signed by a judge; (iv) to the Illinois Department of Veterans Affairs for the purpose of confirming veteran status to agencies in other states responsible for the issuance of state identification cards for participation in State-to-State verification service; or (v) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. The Secretary retains the right to require additional verification regarding the validity of a request from law enforcement. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.

(f) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws.

(g) Notwithstanding any other provision of law, the Secretary may not release highly restricted personal information or personally identifying information or disclose documents described in subsection (d) to any immigration agent, as defined in Section 10 of the Illinois TRUST Act, unless necessary to comply with the following, to the extent that production of such information or documents is specifically required:

(1) a lawful court order;

(2) a judicial warrant signed by a judge appointed pursuant to Article III of the Constitution of the United States; or

(3) a subpoena for individual records issued by a federal or State court.

When responding to such a court order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically requested. Within 3 business days of receiving such a court order, warrant, or subpoena, the Secretary shall send a notification to the individual about whom such information was requested that a court order, warrant, or subpoena was received and the identity of the entity that presented the court order, warrant, or subpoena.

As used in this subsection, "immigration agent" means an agent of federal Immigration and Customs Enforcement, federal Customs and Border Protection, or any similar or successor agency.

(h) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or documents described in subsection (d) unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement.

(Source: P.A. 103-210, eff. 7-1-24; 104-234, eff. 8-15-25.)

Section 15. The School Code is amended by changing Section 22-105, as added by Public Act 104-288, as follows:

(105 ILCS 5/22-106)

Sec. 22-106 22-105. Denial of free education prohibited.

(a) The purpose of this Section is to secure the right of every child to equal access to a free public education and a school that is safe from intimidation and fear, consistent with the landmark United States Supreme Court decision in Plyler v. Doe, 457 U.S. 202 (1982), as in effect on January 1, 2025, which held that it is unconstitutional for states to deny children a free public education based on immigration status. In their efforts to promote the right to educational equality established in Plyler, schools must take steps to protect the integrity of school learning environments for all children, so that no parent is discouraged from sending and no child is discouraged from attending school, including from the threat of immigration enforcement or other law enforcement activity on a school campus.

(b) As used in this Section:

"Citizenship or immigration status" means all matters regarding citizenship of the United States or any other country or the authority or lack thereof to reside in or otherwise to be present in the United States, including an individual's nationality and country of citizenship.

"Law enforcement agent" means an agent of federal, State, or local law enforcement authorized with the power to arrest or detain individuals or manage the custody of detained individuals for a law enforcement purpose, including civil immigration enforcement. "Law enforcement agent" does not include a school resource officer as defined in Section 10-20.68 of this Code.

"Nonjudicial warrant" means a warrant issued by a federal, State, or local agency authorized with the power to arrest or detain individuals or manage the custody of detained individuals for any law enforcement purpose, including civil immigration enforcement. "Nonjudicial warrant" includes an immigration detainer or civil immigration warrant as defined in the Illinois TRUST Act. "Nonjudicial warrant" does not include a criminal warrant issued upon a judicial determination of probable cause, in compliance with the requirements of the Fourth Amendment to the United States Constitution and Section 6 of Article I of the Illinois Constitution.

"Prevailing party" includes any party:

(1) who obtains some of his or her requested relief through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief through a settlement agreement approved by the court; or

(3) whose pursuit of a non-frivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

"School" means every public school, school district, and governing body, including a special charter district or charter school, organized under this Code, and its agents, including a contracted party.

(c) No child may be denied a free public education through secondary school while in this State based on the child's perceived or actual immigration status or the child's parent's or guardian's perceived or actual citizenship or immigration status.

(1) A school must not exclude a child from participation in or deny a child the benefits of any program or activity on the grounds of that child's perceived or actual immigration status or the child's parent's or guardian's actual or perceived citizenship or immigration status.

(2) A school must not use policies or procedures or engage in practices that have the effect of excluding a child from participation in or denying the benefits of any program or activity or the effect of excluding participation of the child's parent or guardian from parental engagement activities or programs because of the child's perceived or actual immigration status or the child's parent's or guardian's actual or perceived immigration status. These policies, procedures, and practices include:

(A) requesting or collecting information or documentation from a student or the student's parent or guardian about citizenship or immigration status unless required by State or federal law; and

(B) designating immigration status, citizenship, place of birth, nationality, or national origin as directory information, as that term is defined by federal and State law.

(3) A school must not perform any of the following actions:

(A) Threaten to disclose anything related to the actual or perceived citizenship or immigration status of a child or a person associated with the child to any other person or entity or an immigration or law enforcement agency.

(B) Disclose anything related to the perceived citizenship or immigration status of a child or a person associated with the child to any other person or entity or an immigration or law enforcement agency if the school does not have direct knowledge of the child's or associated person's actual citizenship or immigration status, subject to the requirements of this paragraph (3).

(C) Disclose anything related to the actual citizenship or immigration status of a child or a person associated with the child to any other person or nongovernmental entity if the school has direct knowledge of the child's or associated person's actual citizenship or immigration status, subject to the requirements of this paragraph (3).

Nothing in subparagraphs (B) and (C) of this paragraph (3) may be construed to permit the disclosure of student records or information without complying with State and federal requirements governing the disclosure of such records or information. Subparagraphs (B) and (C) of this paragraph (3) may not be construed to prohibit or restrict an entity from sending to or receiving from the United States Department of Homeland Security or any other federal, State, or local governmental entity information regarding the citizenship or immigration status of an individual under Sections 1373 and 1644 of Title 8 of the United States Code.

(4) A school must develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school or school facility by July 1, 2026. The procedures must comply with the requirements of paragraph (2) of this subsection (c), and, at a minimum, include the following:

(A) procedures for reviewing and contacting a designated authorized person at the school or school facility and the district superintendent's office or school administrative office, who may contact the school's legal counsel, and procedures for that authorized person or legal counsel to review requests to enter a school or school facility, including judicial warrants, nonjudicial warrants, and subpoenas;

(B) procedures for monitoring or accompanying and procedures for documenting all interactions with law enforcement agents while on the school's premises; and

(C) procedures for notifying and seeking consent from a student's parents or guardian or from the student if the student is 18 years old or older or emancipated if a law enforcement agent requests access to a student for immigration enforcement purposes, unless such access is in compliance with a judicial warrant or subpoena that restricts the disclosure of the information to the student's parent or guardian.

This paragraph (4) is subject to subsection (c) of Section 22-88 of this Code.

(d) A school shall adopt a policy for complying with paragraphs (1), (2), (3), and (4) of subsection (c) by July 1, 2026.

(e) Beginning July 1, 2026, any party aggrieved by conduct that violates subsection (c) may bring a civil lawsuit. This lawsuit must be brought no later than 2 years after the violation of subsection (c). If the court finds that a willful violation of paragraph (1), (2), or (3) of subsection (c) has occurred, the court may award actual damages. The court, as it deems appropriate, may grant, as relief, any permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

(f) Nothing in this Section may be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(g) Upon a motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under subsection (c). In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(h) The General Assembly finds and declares that this Section is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.

(Source: P.A. 104-288, eff. 1-1-26; revised 10-27-25.)

Section 20. The Public Higher Education Act is amended by changing Section 18 as follows:

(110 ILCS 167/18)

Sec. 18. Immigration status and immigration enforcement.

(a) As used in this Section:

"Citizenship or immigration status" means all matters regarding citizenship of the United States or any other country or the authority or lack thereof to reside in or otherwise to be present in the United States, including an individual's nationality, country of citizenship, or status as an international student.

"Employee" means a full-time or part-time faculty member, staff member, executive leader, supervisor, clerical person, student, or contracted member of personnel employed by a school whose role involves direct, routine, or meaningful interaction with students to support their academic progress, personal development, or well-being.

"Law enforcement agent" means an agent of federal, State, or local law enforcement authorized with the power to arrest or detain individuals, or manage the custody of detained individuals, for civil immigration enforcement. "Law enforcement agent" does not include an agent of a school's police department.

"Nonjudicial warrant" means a warrant issued by a federal, State, or local governmental agency authorized with the power to arrest or detain individuals or manage the custody of detained individuals for any law enforcement purpose, including civil immigration enforcement. "Nonjudicial warrant" includes an immigration detainer or civil immigration warrant as defined in the Illinois TRUST Act. "Nonjudicial warrant" does not include a criminal warrant issued upon a judicial determination of probable cause, in compliance with the requirements of the Fourth Amendment to the United States Constitution and Section 6 of Article I of the Illinois Constitution.

"Prevailing party" includes any party:

(1) who obtains some of his or her requested relief through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief through a settlement agreement approved by a court; or

(3) whose pursuit of a nonfrivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

"School" means a public institution of higher education as defined in Section 5.

"School campus" or "school's campus" means:

(1) any building or property owned or controlled by a school within the same reasonably contiguous geographic area of the school and used by the school in direct support of or in a manner related to the school's educational purposes, including, but not limited to, residence halls; and

(2) property within the same reasonably contiguous geographic area of the school that is owned by the school but controlled by another person, is used by students, and supports school purposes, including, but not limited to, a food or other retail vendor.

(b) Unless required by State or federal law or rule, a school must not perform any of the following actions:

(1) Threaten to disclose the actual or perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party, including immigration or law enforcement agencies.

(2) Knowingly disclose, without the consent of the employee or student, anything related to the perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party, including immigration or law enforcement agencies, if the school does not have direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status, subject to the requirements of this subsection.

(3) Knowingly disclose, without the consent of the employee or student, anything related to the actual citizenship or immigration status of an employee, a student, or a person associated with an employee or student to any other person or nongovernmental entity if the school has direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status, subject to the requirements of this subsection.

(4) Designate immigration status, citizenship, place of birth, nationality, or national origin as directory information, as that term is defined by State and federal law.

Nothing in this subsection may be construed to:

(A) prohibit a school from complying with all applicable State and federal laws and rules, including, but not limited to, 8 U.S.C. 214;

(B) prohibit or restrict a school from sending to or receiving from the United States Department of Homeland Security or any other federal, State, or local governmental entity information regarding the citizenship or immigration status of an individual under Sections 1373 and 1644 of Title 8 of the United States Code;

(C) permit the disclosure of personally identifiable education records, as that term is defined by State or federal law, or information from those records without complying with State and federal laws and rules governing the disclosure of such records or information;

(D) prohibit schools from complying with valid judicial warrants, orders, or subpoenas; or

(E) prohibit or restrict a school from disclosing information necessary to respond to an administrative complaint or litigation brought against or by the school.

(c) A school must develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school's campus by January 1, 2026. The procedures must, at a minimum, include the following:

(1) procedures for reviewing and contacting a designated authorized person, office, or department at the school or school facility, which person, office, or department may contact the school's legal counsel, and procedures for that authorized person, office, or department or legal counsel to review requests to enter a school's campus, including judicial warrants or orders, nonjudicial warrants, and subpoenas;

(2) procedures for documenting all interactions with law enforcement agents while on the school's campus; and

(3) procedures for notifying and seeking consent from an employee or student if a law enforcement agent requests access to the employee or student for immigration enforcement purposes, unless such consent is prohibited by a judicial warrant or subpoena.

(d) A school must provide information on its website about who employees and students should contact if a law enforcement agent seeks to enter the school campus, enters the school campus, or engages in nonconsensual interactions with members of the school community, including employees or students, by January 1, 2026.

(e) A school shall submit to either the Illinois Community College Board or the Illinois Board of Higher Education, as applicable, a copy of the procedures developed to implement subsections (b) and (c). The Illinois Community College Board and the Illinois Board of Higher Education shall submit to the General Assembly a report compiling the procedures received from each school under this subsection (e) by July 1, 2026.

(f) The General Assembly finds and declares that this Section is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.

(g) By January 1, 2026, a school shall provide immigration enforcement resources on its website to help students and employees understand their constitutional rights and access immigration-related guidance. These resources may include, but are not limited to, a link to illinoisimmigrationinfo.org. This information shall be posted in a clear and easily accessible location on the school's primary website.

(h) For the purposes of this subsection, "immigration enforcement activity" includes any arrests or detentions conducted by agents or officers of the United States Department of Homeland Security, United States Immigration and Customs Enforcement, or United States Customs and Border Protection or any other individual or entity with the power to arrest or detain individuals or manage custody of detained individuals for the purposes of civil immigration enforcement.

By January 1, 2026, a school shall adopt procedures designed to:

(1) determine if an immigration enforcement activity is occurring or has occurred on the school's campus, including verification of the first and last name, employer or agency, and badge number of the lead law enforcement agent, if possible; and

(2) notify the appropriate school-campus unit or area if the school confirms that immigration enforcement activity is occurring or has occurred on the school's campus that, in the judgment of school law enforcement or the school's public safety office, could adversely impact school-campus safety or operations.

(i) A school may not impede students or employees from offering, attending, or participating in training on constitutional rights and immigration-related guidance, including, but not limited to, attending know-your-rights training or sharing know-your-rights flyers.

(j) Beginning January 1, 2026, any party aggrieved by conduct that violates subsection (b) may bring a civil lawsuit. This lawsuit must be brought no later than 2 years after the violation of subsection (b) or 2 years from the date the aggrieved party becomes aware of the violation of subsection (b), whichever is later. If the court finds that a willful violation of subsection (b) has occurred, the court may award actual damages. The court, as it deems appropriate, may grant, as relief, a permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

(k) Nothing in this Section may be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(l) Upon a motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under subsection (i). In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(Source: P.A. 104-440, eff. 12-9-25.)

Section 25. The Illinois Vehicle Code is amended by changing Section 6-110.3 as follows:

(625 ILCS 5/6-110.3)

Sec. 6-110.3. Restrictions on use of information for certain purposes.

(a) Notwithstanding any other provision of law, the Secretary may not release or make accessible in any manner any highly restricted personal information as defined in Section 1-125.9 or personally identifying information as defined in Section 1-159.2, provide images, photos, or facial recognition services as described in Section 6-110.1, or disclose documents as described in Section 6-110.2 to any immigration agent as defined in Section 10 of the Illinois TRUST Act, unless necessary to comply with the following, to the extent that production of such information or documents is specifically required:

(1) a lawful court order;

(2) a judicial warrant signed by a judge appointed pursuant to Article III of the Constitution of the United States; or

(3) a subpoena for individual records issued by a federal or State court.

When responding to such a court order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically requested. Within 3 business days of receiving such a court order, warrant, or subpoena, the Secretary shall send a notification to the individual about whom such information was requested that a court order, warrant, or subpoena was received and the identity of the entity that presented the court order, warrant, or subpoena.

As used in this subsection, "immigration agent" means an agent of federal Immigration and Customs Enforcement, federal Customs and Border Protection, or any similar or successor agency.

(b) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information as defined in Section 1-125.9, personally identifying information as defined in Section 1-159.2, images or photos described in Section 6-110.1, or documents described in Section 6-110.2 unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement.

(Source: P.A. 103-210, eff. 7-1-24.)

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