104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3458
 
Introduced 2/5/2026, by Sen. Graciela Guzmán
 
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 a violation does not apply to an immigration agent. Provides that a violation is a Class 4 felony unless a deadly weapon is used while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement, in which case the violation is a Class 3 felony.


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A BILL FOR
 
SB3458LRB104 19291 RLC 32737 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding 
5Section 10-3.2 as follows:
 
6    (720 ILCS 5/10-3.2 new)
7    Sec. 10-3.2. Unlawful restraint for civil immigration 
8enforcement.
9    (a) In this Section:
10        "Civil immigration enforcement" means the execution or 
11    attempted execution of any non-criminal arrests or 
12    detentions ordered or authorized by an immigration agent. 
13    "Civil immigration enforcement" does not include actions 
14    related to the enforcement of federal criminal charges, or 
15    the execution or attempted execution of a federal criminal 
16    warrant.
17        "Express legal authority" means clear oral or written 
18    instructions from an immigration agent granting an 
19    individual employed or otherwise acting on behalf of an 
20    immigration agency the authorization to detain or transfer 
21    a specific individual.
22        "Immigration agent" means an agent of federal 
23    Immigration and Customs Enforcement, federal Customs and 
 
 
SB3458- 2 -LRB104 19291 RLC 32737 b

1    Border Protection, or any similar or successor agency, or 
2    any other individual with the power to arrest or detain 
3    individuals or manage custody of detained individuals for 
4    purposes of civil immigration enforcement while acting in 
5    that capacity or conducting investigations or enforcement 
6    pursuant to that power. 
7    (b) A person commits unlawful restraint for civil 
8immigration enforcement when he or she knowingly and without 
9express legal authority from an immigration agent:
10        (1) detains another for the purpose of civil 
11    immigration enforcement;
12        (2) by force or threat of imminent force transfers 
13    another person from one place to another with the intent 
14    to detain the other person for civil immigration 
15    enforcement;
16        (3) by deceit or enticement induces another person to 
17    transfer from one place to another with intent to detain 
18    the other person for civil immigration enforcement; or
19        (4) uses a deadly weapon while detaining or 
20    transferring another person from one place to another with 
21    the intent to detain the other person for civil 
22    immigration enforcement. 
23    (c) This Section does not apply to any immigration agent. 
24    (d) Sentence. A violation of paragraph (1), (2), or (3) of 
25subsection (b) is a Class 4 felony. A violation of paragraph 
26(4) of subsection (b) is a Class 3 felony.