SB0035sam001 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/16/2018

10000SB0035sam001 LRB100 04992 SLF 36947 a

AMENDMENT TO SENATE BILL 35

AMENDMENT NO. ______. Amend Senate Bill 35 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Immigration Safe Zones Act.

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

(1) This State is committed to ensuring that all residents are treated equally notwithstanding race, religion, national origin, disability status, sexual orientation, gender, or immigration status.

(2) All residents of this State are entitled to live with dignity and without fear.

(3) Immigrants are valuable and essential members of the Illinois community, and should be able to live full and productive lives without fear of the government.

(4) A relationship of trust between the Illinois immigrant community and State and local agencies is central to the public safety of the people of this State. This trust is threatened when State and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear going to court, seeking basic health services, or attending school to the detriment of public safety and the well-being of all residents of this State.

(5) The General Assembly shall continue to strive to create an environment where all residents are protected to the best of this State's ability.

Section 10. Model policies for immigration enforcement.

(a) In this Section, "immigration enforcement" means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law including 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.

(b) The Attorney General by April 1, 2019, in consultation with appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and State law ensuring the following facilities remain safe and accessible to all residents of this State, regardless of immigration status:

(1) State-funded schools, including licensed day care centers, pre-schools, and other early learning programs; elementary and secondary schools; and institutions of higher education;

(2) State-funded medical treatment and health care facilities; including hospitals, health clinics, emergency or urgent care facilities, nursing homes, group homes for persons with developmental disabilities, community-integrated living arrangements, and State mental health facilities;

(3) public libraries;

(4) facilities operated by the Office of the Secretary of State; and

(5) courts of this State.

(c) The model policies created under subsection (b) of this Section shall incorporate protections against unreasonable searches and seizures and requirements for warrants based on probable cause guaranteed by the Fourth Amendment of the United States Constitution, Article I, Section 6 of the Illinois Constitution, and other relevant constitutional and legal protections. Facilities enumerated in subsection (b) of this Section shall implement the model policy or an equivalent policy. All other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice are encouraged to adopt the model policy.

Section 15. Public safety.

(a) In this Section:

"Immigration agent" means an agent of federal Immigration and Customs Enforcement, federal Customs and Border Protection, a person authorized to conduct enforcement of civil immigration laws under subsection (g) of Section 1357 of Title 8 of the United States Code or any other federal law, any other federal agent charged with enforcement of civil immigration laws, or any successor.

"Immigration enforcement operation" means any operation that has as one of its objectives the identification or apprehension of a person or persons: (1) in order to subject the person or persons to civil immigration detention, removal proceedings and removal from the United States; or (2) to criminally prosecute a person or persons for offenses related to immigration status, including, but not limited to, violations of Sections 1253, 1304, 1306(a) and (b), 1325, or 1326 of Title 8 of the United States Code.

"Law enforcement agency" means an agency in this State charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State, including municipal police departments, sheriff's departments, campus police departments, the Department of State Police, and the Department of Juvenile Justice.

"Law enforcement official" means any officer or other agent of a State or local law enforcement agency authorized to enforce criminal laws, rules, regulations, or local ordinances or to operate jails, correctional facilities, or juvenile detention facilities or to maintain custody of individuals in jails, correctional facilities, or juvenile detention facilities.

(b) A law enforcement official shall not assist or support in any immigration enforcement operation by an immigration agent taking place in or around the perimeter of any of the agencies listed in Section 10 of this Act unless immigration officials present a valid and properly issued criminal warrant related to the investigation or prosecution of any criminal offense, including offenses provided for in the laws of another state or federal law. "Criminal offense" or "criminal activity" shall not include any offense related to immigration status, including, but not limited to, a violation of Section 1253, 1304, 1306 (a) or (b), 1325, or 1326 of Title 8 of the United States Code.

(c) Nothing in this Section shall preclude a law enforcement official from executing her or his duties in ensuring public safety except as provided in subsection (b) of this Section.

Section 20. Review of file information; questions regarding citizenship. On and after the effective date of this Act, all applications, questionnaires, and interview forms used in relation to benefits, opportunities, or services provided by a State agency or in-State or in-district tuition verification, scholarships, grants, or services provided by a public elementary or secondary school or public institution of higher education shall be promptly reviewed by that State agency, school, or institution and any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal law, or court order shall be removed within 60 days after the effective date of this Act. Sixty days after the effective date of this Act, an application, questionnaire, or interview form used in relation to benefits, opportunities, or services provided by a State agency or in-State or in-district tuition verification, scholarships, grants, or services provided by a public elementary or secondary school or public institution of higher education shall not contain any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal law, or court order.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.".