Sen. Omar Aquino

Filed: 4/22/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 667

2    AMENDMENT NO. ______. Amend Senate Bill 667 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Illinois Way Forward Act.
 
6    Section 5. The Illinois TRUST Act is amended by changing
7Sections 5, 10, and 15 and by adding Sections 25 and 30 as
8follows:
 
9    (5 ILCS 805/5)
10    Sec. 5. Legislative purpose. Recognizing that State law
11does not currently grant State or local law enforcement the
12authority to enforce federal civil immigration laws, it is the
13intent of the General Assembly that nothing in this Act shall
14be construed to authorize any law enforcement agency or law
15enforcement official to enforce federal civil immigration law.

 

 

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1This Act shall not be construed to prohibit or restrict any
2entity from sending to, or receiving from, the United States
3Department of Homeland Security or other federal, State, or
4local government entity information regarding the citizenship
5or immigration status of any individual under Sections 1373
6and 1644 of Title 8 of the United States Code. Further, nothing
7in this Act shall prevent a law enforcement officer from
8contacting another law enforcement agency for the purposes of
9clarifying or confirming the nature and status of possible
10offenses in a record provided by the National Crime
11Information Center, or detaining someone based on a
12notification in the Law Enforcement Agencies Data
13Administrative System unless it is a clear that request is
14based on a civil non-judicial immigration warrant or
15immigration detainer.
16(Source: P.A. 100-463, eff. 8-28-17.)
 
17    (5 ILCS 805/10)
18    Sec. 10. Definitions. In this Act:
19    "Citizenship or immigration status" means all matters
20regarding questions of citizenship of the United States or any
21other country or the authority to reside in or otherwise be
22present in the United States.
23    "Civil immigration warrant" means an immigration warrant
24of arrest, order to detain or release aliens, notice of
25custody determination, notice to appear, removal order,

 

 

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1warrant of removal, or any other document, that can form the
2basis for an individual's arrest or detention for a civil
3immigration enforcement purpose. A civil immigration warrant
4includes but is not limited to Form I-200 (Warrant for Arrest
5of Alien), Form I-203 (Order to Detain or Release Alien), Form
6I-205 (Warrant of Removal/Deportation), any predecessor or
7successor form, and all warrants, hits, or requests contained
8in the Immigration Violator File of the Federal Bureau of
9Investigation's National Crime Information Center (NCIC)
10database. This definition does not include any criminal
11warrant issued upon a judicial determination of probable cause
12and in compliance with the requirements of the Fourth
13Amendment to the United States Constitution and Section 6 of
14Article I of the Illinois Constitution.
15    "Contact information" means home address, work address,
16telephone number, electronic mail address, social media
17information, or any other personal identifying information
18that could be used as a means to contact an individual.
19    "Immigration agent" means an agent of federal Immigration
20and Customs Enforcement, federal Customs and Border
21Protection, or any successor, or any other agent enforcing
22civil immigration laws.
23    "Immigration detainer" means a request to a state or local
24law enforcement agency to provide notice of release or
25maintain custody of an individual based on an alleged
26violation of a civil immigration law, including detainers

 

 

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1issued pursuant to Sections 1226 or 1357 of Title 8 of the
2United States Code or 8 CFR 236.1 or 287.7. An immigration
3detainer includes, but is not limited to, Form I-247A
4(Immigration Detainer Notice of Action) and any predecessor
5or successor form. a document issued by an immigration agent
6that is not approved or ordered by a judge and requests a law
7enforcement agency or law enforcement official to provide
8notice of release or maintain custody of a person, including a
9detainer issued under Section 1226 or 1357 of Title 8 of the
10United States Code or Section 236.1 or 287.7 of Title 8 of the
11Code of Federal Regulations.
12    "Law enforcement agency" means an agency of the State or
13of a unit of local government charged with enforcement of
14State, county, or municipal laws or with managing custody of
15detained persons in the State, including, but not limited to,
16municipal police departments, sheriff's departments, campus
17police departments, the Illinois State Police, the Department
18of Corrections, and the Department of Juvenile Justice.
19    "Law enforcement official" means any officer or other
20agent of a State or local law enforcement agency authorized to
21enforce criminal laws, rules, regulations, or local ordinances
22or operate jails, correctional facilities, or juvenile
23detention facilities or to maintain custody of individuals in
24jails, correctional facilities, or juvenile detention
25facilities. Law enforcement official shall also include any
26probation officer or any school resource officer or other

 

 

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1police assigned to any public school, including any public
2pre-school and other early learning program, public elementary
3and secondary school, or public institution of higher
4education. individual with the power to arrest or detain
5individuals, including law enforcement officers, county
6corrections officer, and others employed or designated by a
7law enforcement agency.
8    "Non-judicial immigration warrant" means a Form I-200 or
9I-205 administrative warrant or any other immigration warrant
10or request that is not approved or ordered by a judge,
11including administrative warrants entered into the Federal
12Bureau of Investigation's National Crime Information Center
13database.
14(Source: P.A. 100-463, eff. 8-28-17.)
 
15    (5 ILCS 805/15)
16    Sec. 15. Prohibition on enforcing federal civil
17immigration laws.
18    (a) A law enforcement agency or law enforcement official
19shall not detain or continue to detain any individual solely
20on the basis of any immigration detainer or civil non-judicial
21immigration warrant or otherwise comply with an immigration
22detainer or civil non-judicial immigration warrant.
23    (b) A law enforcement agency or law enforcement official
24shall not stop, arrest, search, detain, or continue to detain
25a person solely based on an individual's citizenship or

 

 

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1immigration status.
2    (c) (Blank). This Section 15 does not apply if a law
3enforcement agency or law enforcement official is presented
4with a valid, enforceable federal warrant. Nothing in this
5Section 15 prohibits communication between federal agencies or
6officials and law enforcement agencies or officials.
7    (d) A law enforcement agency or law enforcement official
8acting in good faith in compliance with this Section who
9releases a person subject to an immigration detainer or civil
10non-judicial immigration warrant shall have immunity from any
11civil or criminal liability that might otherwise occur as a
12result of making the release, with the exception of willful or
13wanton misconduct.
14    (e) A law enforcement agency or law enforcement official
15may not inquire about or investigate the citizenship or
16immigration status or place of birth of any individual in the
17agency or official's custody or who has otherwise been stopped
18or detained by the agency or official. Nothing in this
19subsection shall be construed to limit the ability of a law
20enforcement agency or law enforcement official, pursuant to
21state or federal law, to notify a person in the law enforcement
22agency's custody about that person's right to communicate with
23consular officers from that person's country of nationality,
24or facilitate such communication, in accordance with the
25Vienna Convention on Consular Relations or other bilateral
26agreements. Nothing in this subsection shall be construed to

 

 

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1limit the ability of a law enforcement agency or law
2enforcement official to request evidence of citizenship or
3immigration status pursuant to the Firearm Owners
4Identification Card Act, the Firearm Concealed Carry Act,
5Article 24 of the Criminal Code of 2012, or 18 United States
6Code Sections 921 through 931.
7    (f) Unless otherwise limited by federal law, a law
8enforcement agency or law enforcement official may not deny
9services, benefits, privileges, or opportunities to an
10individual in custody or under probation status, including but
11not limited to eligibility or placement in a lower custody
12classification, educational, rehabilitative, or diversionary
13programs, on the basis of the individual's citizenship or
14immigration status, the issuance of an immigration detainer or
15civil immigration warrant against the individual, or the
16individual being in immigration removal proceedings.
17    (g)(1) No law enforcement agency, law enforcement
18official, or any unit of State or local government may enter
19into or renew any contract, intergovernmental service
20agreement, or any other agreement to house or detain
21individuals for federal civil immigration violations.
22    (2) Any law enforcement agency, law enforcement official,
23or unit of State or local government with an existing
24contract, intergovernmental agreement, or other agreement,
25whether in whole or in part, that is utilized to house or
26detain individuals for civil immigration violations shall

 

 

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1exercise the termination provision in the agreement as applied
2to housing or detaining individuals for civil immigration
3violations no later than January 1, 2022.
4    (h) Unless presented with a federal criminal warrant, or
5otherwise required by federal law, a law enforcement agency or
6official may not:
7        (1) participate, support, or assist in any capacity
8    with an immigration agent's enforcement operations,
9    including any collateral assistance such as coordinating
10    an arrest in a courthouse or other public facility,
11    providing use of any equipment, transporting any
12    individuals, or establishing a security or traffic
13    perimeter surrounding such operations, or any other
14    on-site support;
15        (2) give any immigration agent access, including by
16    telephone, to any individual who is in that agency's
17    custody;
18        (3) transfer any person into an immigration agent's
19    custody;
20        (4) permit immigration agents use of agency facilities
21    or equipment, including any agency electronic databases
22    not available to the public, for investigative interviews
23    or other investigative or immigration enforcement purpose;
24        (5) enter into or maintain any agreement regarding
25    direct access to any electronic database or other
26    data-sharing platform maintained by any law enforcement

 

 

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1    agency, or otherwise provide such direct access to the
2    U.S. Immigration and Customs Enforcement, United States
3    Customs and Border Protection or any other federal entity
4    enforcing civil immigration violations;
5        (6) provide information in response to any immigration
6    agent's inquiry or request for information regarding any
7    individual in the agency's custody; or
8        (7) provide to any immigration agent information not
9    otherwise available to the public relating to an
10    individual's release or contact information, or otherwise
11    facilitate for an immigration agent to apprehend or
12    question an individual for immigration enforcement.
13    (i) Nothing in this Section shall preclude a law
14enforcement official from otherwise executing that official's
15duties in investigating violations of criminal law and
16cooperating in such investigations with federal and other law
17enforcement agencies (including criminal investigations
18conducted by federal Homeland Security Investigations (HSI))
19in order to ensure public safety.
20(Source: P.A. 100-463, eff. 8-28-17.)
 
21    (5 ILCS 805/25 new)
22    Sec. 25. Reporting requirements.
23    (a) In order to ensure compliance with this Act, starting
24on the effective date of this amendatory Act of the 102nd
25General Assembly, law enforcement agencies shall submit a

 

 

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1report annually to the Attorney General. This report shall
2include:
3        (1) Any requests from the United States Department of
4    Homeland Security, including, but not limited to,
5    Immigration and Customs and Enforcement, with respect to
6    participation, support, or assistance in any immigration
7    agent's civil enforcement operation, and any documentation
8    regarding how the request was addressed, provided that if
9    an agency does not receive any such requests during a
10    reporting period, the agency shall certify and report that
11    it received no such requests;
12        (2) All immigration detainers or civil immigration
13    warrants received by the law enforcement agency, provided
14    that if an agency does not receive any such detainers or
15    warrants during a reporting period, the agency shall
16    certify and report that it received no such detainers or
17    warrants. The reports shall include:
18            (A) the date when the immigration detainer or
19        civil immigration warrant was received;
20            (B) the date and time the individual subject to
21        the immigration detainer or civil immigration warrant
22        posted criminal bail, if applicable;
23            (C) whether the individual subject to the
24        immigration detainer or civil immigration warrant was
25        released or transferred;
26            (D) the date and time the individual was released

 

 

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1        or transferred; and
2            (E) if the individual is transferred, to which
3        governmental agency's custody.
4    (b) Law enforcement agencies shall not include names or
5other personally identifying information in any reports
6required under this Section.
 
7    (5 ILCS 805/30 new)
8    Sec. 30. Attorney General enforcement provisions. In order
9to ensure compliance with this Act:
10    (a) The Attorney General shall have authority to conduct
11investigations into violations of this Act. The Attorney
12General may: (1) require a law enforcement agency, law
13enforcement official, or any other person or entity to file a
14statement or report in writing under oath or otherwise, as to
15all information the Attorney General may consider necessary;
16(2) examine under oath any law enforcement official or any
17other person alleged to have participated in or with knowledge
18of the alleged violation; or (3) issue subpoenas, obtain
19records, conduct hearings, or take any other actions in aid of
20any investigation. In the event a law enforcement agency, law
21enforcement official, or other person or entity fails to
22comply, in whole or in part, with a subpoena or other
23investigative request issued pursuant to this paragraph, the
24Attorney General may compel compliance through an action in
25the circuit court.

 

 

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1    (b) Upon his or her own information or upon the complaint
2of any person, the Attorney General may maintain an action for
3declaratory, injunctive or any other equitable relief in the
4circuit court against any law enforcement agency, law
5enforcement official, or other person or entity who violates
6any provision of this Act. These remedies are in addition to,
7and not in substitution for, other available remedies.
 
8    Section 10. The Voices of Immigrant Communities Empowering
9Survivors (VOICES) Act is amended by changing Section 10 and
10by adding Sections 11, 20, 25, and 30 as follows:
 
11    (5 ILCS 825/10)
12    Sec. 10. Certifications for victims of qualifying criminal
13activity.
14    (a) The head of each certifying agency shall designate an
15official or officials in supervisory roles, either within the
16agency or, by agreement with another agency with concurrent
17jurisdiction over the geographic area or subject matter
18covered by that agency, within that other agency. Designated
19officials may not be members of a collective bargaining unit
20represented by a labor organization, unless the official is an
21attorney or is employed in an agency in which all supervisory
22officials are members of a collective bargaining unit.
23Certifying officials shall:
24        (1) respond to requests for completion of

 

 

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1    certification forms received by the agency, as required by
2    this Section; and
3        (2) make information regarding the agency's procedures
4    for certification requests publicly available for victims
5    of qualifying criminal activity and their representatives.
6    (b) Any person seeking completion of a certification form
7shall first submit a request for completion of the
8certification form to the certifying official for any
9certifying agency that detected, investigated, or prosecuted
10the criminal activity upon which the request is based.
11    (c) A request for completion of a certification form under
12this Section may be submitted by a representative of the
13person seeking the certification form, including, but not
14limited to, an attorney, accredited representative, or
15domestic violence or sexual assault services provider.
16    (d) Upon receiving a request for completion of a
17certification form, a certifying official shall complete the
18certification form for any victim of qualifying criminal
19activity. In completing the certification form, there is a
20rebuttable presumption that a victim is helpful, has been
21helpful, or is likely to be helpful to the detection or
22investigation or prosecution of that qualifying criminal
23activity, if the victim has not refused or failed to provide
24information and assistance reasonably requested by law
25enforcement. The certifying official shall fully complete and
26sign the certification form and, regarding victim helpfulness,

 

 

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1include specific details about the nature of the crime
2investigated or prosecuted and a detailed description of the
3victim's helpfulness or likely helpfulness to the detection or
4investigation or prosecution of the criminal activity. If the
5certifying official cannot determine that the applicant is a
6victim of qualifying criminal activity, the certifying
7official may provide written notice to the person or the
8person's representative explaining why the available evidence
9does not support a finding that the person is a victim of
10qualifying criminal activity. The certifying official shall
11complete the certification form and provide it to the person
12within 90 business days of receiving the request, except:
13        (1) if the person making the request for completion of
14    the certification form is in federal immigration removal
15    proceedings or detained, the certifying official shall
16    complete and provide the certification form to the person
17    no later than 21 business days after the request is
18    received by the certifying agency;
19        (2) if the children, parents, or siblings of the
20    person making the request for completion of the
21    certification form would become ineligible for benefits
22    under Sections 1184(p) and 1184(o) of Title 8 of the
23    United States Code by virtue of the person's children
24    having reached the age of 21 years, the person having
25    reached the age of 21 years, or the person's sibling
26    having reached the age of 18 years within 90 business days

 

 

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1    from the date that the certifying official receives the
2    certification request, the certifying official shall
3    complete and provide the certification form to the person
4    no later than 21 business days after the request is
5    received by the certifying agency;
6        (3) if the person's children, parents, or siblings
7    under paragraph (2) of this subsection (d) would become
8    ineligible for benefits under Sections 1184(p) and 1184(o)
9    of Title 8 of the United States Code in less than 21
10    business days of receipt of the certification request, the
11    certifying official shall complete and provide a
12    certification form to the person within 5 business days;
13    or
14        (4) a certifying official may extend the time period
15    by which it must complete and provide the certification
16    form to the person as required under this subsection (d)
17    only upon written agreement with the person or person's
18    representative.
19    Requests for expedited completion of a certification form
20under paragraphs (1), (2), and (3) of this subsection (d)
21shall be affirmatively raised by the person or that person's
22representative in writing to the certifying agency and shall
23establish that the person is eligible for expedited review.
24    (e) A certifying official who issued an initial
25certification form shall complete and reissue a certification
26form within 90 business days of receiving a request from a

 

 

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1victim to reissue. If the victim seeking recertification has a
2deadline to respond to a request for evidence from United
3States Citizenship and Immigration Services, the certifying
4official shall complete and issue the form no later than 21
5business days after the request is received by the certifying
6official. Requests for expedited recertification shall be
7affirmatively raised by the victim or victim's representative
8in writing and shall establish that the victim is eligible for
9expedited review. A certifying official may extend the
10deadline by which he or she will complete and reissue the
11certification form only upon written agreement with the victim
12or victim's representative.
13    (f) Notwithstanding any other provision of this Section, a
14certifying official's completion of a certification form shall
15not be considered sufficient evidence that an applicant for a
16U or T visa has met all eligibility requirements for that visa
17and completion of a certification form by a certifying
18official shall not be construed to guarantee that the victim
19will receive federal immigration relief. It is the exclusive
20responsibility of federal immigration officials to determine
21whether a person is eligible for a U or T visa. Completion of a
22certification form by a certifying official merely verifies
23factual information relevant to the federal immigration
24benefit sought, including information relevant for federal
25immigration officials to determine eligibility for a U or T
26visa. By completing a certification form, the certifying

 

 

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1official attests that the information is true and correct to
2the best of the certifying official's knowledge. No provision
3in this Act limits the manner in which a certifying officer or
4certifying agency may describe whether the person has
5cooperated or been helpful to the agency or provide any
6additional information the certifying officer or certifying
7agency believes might be relevant to a federal immigration
8officer's adjudication of a U or T visa application. If, after
9completion of a certification form, the certifying official
10later determines the person was not the victim of qualifying
11criminal activity or the victim unreasonably refuses to assist
12in the investigation or prosecution of the qualifying criminal
13activity of which he or she is a victim, the certifying
14official may notify United States Citizenship and Immigration
15Services in writing.
16    (g) A certifying official or agency receiving requests for
17completion of certification forms shall not disclose the
18immigration status of a victim or person requesting the
19certification form, except to comply with federal law or State
20law, legal process, or if authorized, by the victim or person
21requesting the certification form.
22(Source: P.A. 100-1115, eff. 1-1-19.)
 
23    (5 ILCS 825/11 new)
24    Sec. 11. Denials.
25    (a) If the certifying official cannot determine that the

 

 

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1requester is a victim of a qualifying criminal activity, the
2certifying official shall provide written notice to the person
3or the person's representative explaining why the available
4evidence does not support a finding that the person is a victim
5of qualifying criminal activity. The certifying official shall
6submit the notice to the address provided in the request and
7shall provide contact information should the requester desire
8to appeal the decision. The certifying agency or certifying
9official shall accept all appeals and must respond to the
10appeals within 30 business days.
11    (b) Notwithstanding subsection (a), no requester is
12required to exhaust an administrative appeal under subsection
13(a) before filing a mandamus action or seeking other equitable
14relief in circuit court for a completed certification form
15required under Section 10.
 
16    (5 ILCS 825/20 new)
17    Sec. 20. Reporting requirements.
18    (a) In order to ensure compliance with this Act, starting
19on the effective date of this amendatory Act of the 102nd
20General Assembly, law enforcement agencies shall submit a
21report annually to the Attorney General. This report shall
22include the following information regarding any requests for
23completion of a certification form under Section 10 of this
24Act:
25        (1) the date of receipt of such request; and

 

 

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1        (2) the date on which the law enforcement agency
2    provided the completed certification form to the requester
3    or provided written notice explaining why the available
4    evidence does not support a finding that the requester is
5    a victim of qualifying criminal activity.
6    If an agency receives no requests for completion of a
7certification form during a reporting period, the agency shall
8certify and report that it received no such requests.
9    (b) Law enforcement agencies shall not include names or
10other personally identifying information in any reports
11required under this Section.
 
12    (5 ILCS 825/25 new)
13    Sec. 25. Training. Each certifying agency shall arrange
14for regular training for officials designated under subsection
15(a) of Section 10 of this Act regarding all requirements of
16this Act.
 
17    (5 ILCS 825/30 new)
18    Sec. 30. Attorney General enforcement provisions. In order
19to ensure compliance with this Act:
20    (a) The Attorney General shall have authority to conduct
21investigations into violations of this Act. The Attorney
22General may:
23        (1) require a law enforcement agency, law enforcement
24    official, or any other person or entity to file a

 

 

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1    statement or report in writing under oath or otherwise, as
2    to all information the Attorney General may consider
3    necessary;
4        (2) examine under oath any law enforcement official or
5    any other person alleged to have participated in or with
6    knowledge of the alleged violation; or
7        (3) issue subpoenas, obtain records, conduct hearings,
8    or take any other actions in aid of any investigation. In
9    the event a law enforcement agency, law enforcement
10    official, or other person or entity fails to comply, in
11    whole or in part, with a subpoena or other investigative
12    request issued pursuant to this paragraph, the Attorney
13    General may compel compliance through an action in the
14    circuit court.
15    (b) Upon his or her own information or upon the complaint
16of any person, the Attorney General may maintain an action for
17declaratory, injunctive or any other equitable relief in the
18circuit court against any law enforcement agency, law
19enforcement official, or other person or entity who violates
20any provision of this Act. These remedies are in addition to,
21and not in substitution for, other available remedies.
 
22    Section 97. Severability. If any provision of this Act or
23its application to any person or circumstances is held
24invalid, the invalidity of that provision or application does
25not affect other provisions or applications of this Act that

 

 

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1can be given effect without the invalid provision or
2application.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".