Sen. Omar Aquino

Filed: 5/11/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 667

2    AMENDMENT NO. ______. Amend Senate Bill 667, AS AMENDED,
3with reference to page and line numbers on Senate Amendment
4No. 1, on page 1, by replacing line 9 through line 14 on page 5
5with the following:
 
6    "(5 ILCS 805/5)
7    Sec. 5. Legislative purpose. Recognizing that State law
8does not currently grant State or local law enforcement the
9authority to enforce federal civil immigration laws, it is the
10intent of the General Assembly that nothing in this Act shall
11be construed to authorize any law enforcement agency or law
12enforcement official to enforce federal civil immigration law.
13The changes made to the definitions of immigration detainer
14and civil immigration warrant (formerly "non-judicial
15immigration warrant") by Section 10 of this amendatory Act of
16the 102nd General Assembly are declarative of existing law.
17This Act shall not be construed to prohibit or restrict any

 

 

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

 

 

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1I-200 "Warrant for the Arrest of Alien," Form I-203 "Order to
2Detain or Release Alien," Form I-205 "Warrant of
3Removal/Deportation," Form I-286 "Notice of Custody
4Determination," any predecessor or successor form, and all
5warrants, hits, or requests contained in the "Immigration
6Violator File" of the FBI's National Crime Information Center
7(NCIC) database. "Civil immigration warrant" does not include
8any criminal warrant.
9    "Contact information" means home address, work address,
10telephone number, electronic mail address, social media
11information, or any other personal identifying information
12that could be used as a means to contact an individual.
13    "Immigration agent" means an agent of federal Immigration
14and Customs Enforcement, federal Customs and Border
15Protection, or any similar or successor agency.
16    "Immigration detainer" means a request to a State or local
17law enforcement agency to provide notice of release or
18maintain custody of an individual based on an alleged
19violation of a civil immigration law, including detainers
20issued under Sections 1226 or 1357 of Title 8 of the United
21States Code or 287.7 or 236.1 of Title 8 of the Code of Federal
22Regulations. "Immigration detainer" includes Form I-247A
23"Immigration Detainer Notice of Action" and any predecessor
24or successor form. a document issued by an immigration agent
25that is not approved or ordered by a judge and requests a law
26enforcement agency or law enforcement official to provide

 

 

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1notice of release or maintain custody of a person, including a
2detainer issued under Section 1226 or 1357 of Title 8 of the
3United States Code or Section 236.1 or 287.7 of Title 8 of the
4Code of Federal Regulations.
5    "Law enforcement agency" means an agency of the State or
6of a unit of local government charged with enforcement of
7State, county, or municipal laws or with managing custody of
8detained persons in the State.
9    "Law enforcement official" means any individual with the
10power to arrest or detain individuals, including law
11enforcement officers, county corrections officer, and others
12employed or designated by a law enforcement agency. "Law
13enforcement official" includes any probation officer.
14    "Non-judicial immigration warrant" means a Form I-200 or
15I-205 administrative warrant or any other immigration warrant
16or request that is not approved or ordered by a judge,
17including administrative warrants entered into the Federal
18Bureau of Investigation's National Crime Information Center
19database.
20(Source: P.A. 100-463, eff. 8-28-17.)".