102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0667

 

Introduced 2/25/2021, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 805/10

    Amends the Illinois TRUST Act. Modifies the definitions of "immigration detainer" and "non-judicial immigration warrant" for purposes of the Act. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning immigration.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois TRUST Act is amended by changing
5Section 10 as follows:
 
6    (5 ILCS 805/10)
7    Sec. 10. Definitions. In this Act:
8    "Immigration detainer" means a request to a State or local
9law enforcement agency to provide notice of release or
10maintain custody of an individual based on an alleged
11violation of a civil immigration law, including detainers
12issued pursuant to Sections 1226 or 1357 of Title 8 of the
13United States Code or Sections 287.7 or 236.1 of Title 8 of the
14Code of Federal Regulations. An immigration detainer includes,
15but is not limited to, Form I-247A (Immigration Detainer
16Notice of Action form) and any predecessor or successor form.
17a document issued by an immigration agent that is not approved
18or ordered by a judge and requests a law enforcement agency or
19law enforcement official to provide notice of release or
20maintain custody of a person, including a detainer issued
21under Section 1226 or 1357 of Title 8 of the United States Code
22or Section 236.1 or 287.7 of Title 8 of the Code of Federal
23Regulations.

 

 

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1    "Law enforcement agency" means an agency of the State or
2of a unit of local government charged with enforcement of
3State, county, or municipal laws or with managing custody of
4detained persons in the State.
5    "Law enforcement official" means any individual with the
6power to arrest or detain individuals, including law
7enforcement officers, county corrections officer, and others
8employed or designated by a law enforcement agency.
9    "Non-judicial immigration warrant" means an immigration
10warrant of arrest, order to detain or release aliens, notice
11of custody determination, notice to appear, removal order,
12warrant of removal, or any other document that can form the
13basis for an individual's arrest or detention for a civil
14immigration enforcement purpose. A civil immigration warrant
15includes, but is not limited to, Form I-200 (Warrant for the
16Arrest of Alien), Form I-205 (Warrant of Removal/Deportation),
17any predecessor or successor form, and all warrants, hits, or
18requests contained in the Immigration Violator File of the
19National Crime Information Center database of the Federal
20Bureau of Investigations. "Non-judicial immigration warrant"
21does not include any criminal warrant issued upon a judicial
22determination of probable cause, and in compliance with the
23requirements of the 4th Amendment to the United States
24Constitution and Section 6 of Article I of the Illinois
25Constitution. a Form I-200 or I-205 administrative warrant or
26any other immigration warrant or request that is not approved

 

 

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1or ordered by a judge, including administrative warrants
2entered into the Federal Bureau of Investigation's National
3Crime Information Center database.
4(Source: P.A. 100-463, eff. 8-28-17.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.