Synopsis As Introduced Amends the Unified Code of Corrections. Provides that the Illinois Department of Corrections (IDOC) shall enter into a Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement (ICE) which authorizes the Secretary of the U.S. Department of Homeland Security to enter into written agreements with a state or any political subdivision of a state to remove an alien in the custody of that state. Provides that the purpose of the MOU is to set forth terms by which ICE and IDOC will cooperate in a Rapid Removal of Eligible Parolees Accepted for Transfer ("Rapid REPAT") program, which allows for early conditional release for deportation of removable custodial aliens to their home countries. Provides that the Prisoner Review Board shall hear by at least one member and, through a panel of at least 3 members, decide all requests for release of prisoners subject to detainers filed by ICE.
House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill but provides that the Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement shall provide that a person may take part in the Rapid REPAT program only if a final order of deportation has been issued against such person, provided that prior to the issuance of such an order: (A) the person has been advised of and given a full and fair opportunity to exercise his or her rights under federal immigration law to a hearing before an immigration judge to contest his or her removal from the United States, including but not limited to the right to seek and consult with legal counsel and to be represented by counsel at such hearing, to present evidence in support of any applicable defense to a removal proceeding or claim for relief from removal, and to seek review of an adverse decision by such judge; (B) the person has been informed of available legal referral services and of law firms and not-for-profit organizations that provide free or low-cost legal assistance; and (C) such information has been provided verbally and in writing in English and in the person's native language.