Full Text of HB0426 100th General Assembly
HB0426ham002 100TH GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 2/16/2017
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| 1 | | AMENDMENT TO HOUSE BILL 426
| 2 | | AMENDMENT NO. ______. Amend House Bill 426 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Immigration Safe Zones Act. | 6 | | Section 5. Findings. The General Assembly makes the | 7 | | following findings: | 8 | | (1) The State of Illinois is committed to ensuring that | 9 | | all residents of this State are treated equally | 10 | | notwithstanding race, religion, national origin, sexual | 11 | | orientation, gender, or immigration status. | 12 | | (2) All residents of this State are entitled to live | 13 | | with dignity and without fear. | 14 | | (3) Immigrants in this State should be able to live | 15 | | full and productive lives without fear of the government. | 16 | | (4) The General Assembly shall continue to strive to |
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| 1 | | create an environment where all residents are protected to | 2 | | the best of this State's ability. | 3 | | Section 10. Definitions. In this Act: | 4 | | "Appropriate personnel" means the personnel of a facility | 5 | | listed in subsection (a) of Section 15 of this Act that the | 6 | | Department of Human Services has determined, by rule, to be a | 7 | | person of authority for that facility. For a public elementary | 8 | | or secondary school, the Department shall deem "appropriate | 9 | | personnel" to be the school district's superintendent, in | 10 | | consultation with the school district's chief legal counsel. | 11 | | For an institution of higher education, the Department shall | 12 | | deem "appropriate personnel" to be the president or chancellor | 13 | | of the institution. | 14 | | "Department" means the Department of Human Services. | 15 | | "ICE" means the United States Immigration and Customs | 16 | | Enforcement agency of the United States Department of Homeland | 17 | | Security, the Homeland Security Investigations agency of the | 18 | | Department of Homeland Security, and any successor agency | 19 | | charged with the enforcement of civil immigration laws. | 20 | | "Immigration issues" means issues facing immigrants | 21 | | concerning their legal status and the process of deportation. | 22 | | Section 15. Prohibitions. | 23 | | (a) The following entities in this State may not grant | 24 | | access to ICE or to State and local law enforcement agencies |
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| 1 | | acting pursuant to an agreement with ICE or undertake other | 2 | | joint efforts with federal, State, or local law enforcement | 3 | | agencies to investigate, detain, or arrest individuals for | 4 | | violation of federal immigration law, unless a court has issued | 5 | | a warrant and appropriate personnel have reviewed that warrant: | 6 | | (1) State-funded schools, including licensed day care | 7 | | centers, pre-schools, and other early learning programs; | 8 | | elementary and secondary schools; and institutions of | 9 | | higher education. | 10 | | (2) State-funded medical treatment and health care | 11 | | facilities, including hospitals, health clinics, emergency | 12 | | or urgent care facilities, nursing homes, group homes for | 13 | | persons with developmental disabilities, | 14 | | community-integrated living arrangements, and State mental | 15 | | health facilities. | 16 | | (b) Employees of elementary and secondary schools in this | 17 | | State and institutions of higher education in this State shall | 18 | | be prohibited from asking about a student's immigration status | 19 | | or that of the student's family members, except in cases of | 20 | | in-State or in-district tuition verification, scholarships, | 21 | | grants, or services that are contingent upon this information. | 22 | | Section 20. Training. In accordance with rules adopted by | 23 | | the Department, the Department shall provide training or make | 24 | | training available from a source with expertise in immigration | 25 | | to teachers, administrators, and other staff of elementary and |
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| 1 | | secondary schools in this State, as well as to staff of medical | 2 | | treatment and health care facilities, on how to deal with | 3 | | immigration issues and how to notify families of those issues | 4 | | in multiple languages. Training in how to deal with immigration | 5 | | issues may include, but is not limited to, providing | 6 | | information regarding the legal rights of immigrants, | 7 | | explaining the process of deportation, assisting in finding | 8 | | resources available to help immigrants, and anything else the | 9 | | Department determines by rule. | 10 | | Section 25. Assistance. The appropriate personnel of a | 11 | | facility listed in subsection (a) of Section 15 of this Act | 12 | | shall develop a plan within 90 days after the effective date of | 13 | | this Act to provide assistance, information, and safety to | 14 | | persons who are concerned about the government's immigration | 15 | | enforcement efforts. | 16 | | Section 30. Removal of file information. Beginning on the | 17 | | effective date of this Act, all applications, questionnaires, | 18 | | and interview forms used in relation to benefits, | 19 | | opportunities, or services provided by a State agency or | 20 | | in-State or in-district tuition verification, scholarships, | 21 | | grants, or services provided by a public elementary or | 22 | | secondary school or public institution of higher education must | 23 | | be promptly reviewed by that State agency, school, or | 24 | | institution, and any questions regarding citizenship or |
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| 1 | | immigration status, other than those required by statute, | 2 | | ordinance, federal law, or court order, must be removed within | 3 | | 60 days after the effective date of this Act. Sixty days after | 4 | | the effective date of this Act, no applications, | 5 | | questionnaires, or interview forms used in relation to | 6 | | benefits, opportunities, or services provided by a State agency | 7 | | or in-State or in-district tuition verification, scholarships, | 8 | | grants, or services provided by a public elementary or | 9 | | secondary school or public institution of higher education may | 10 | | contain any questions regarding citizenship or immigration | 11 | | status, other than those required by statute, ordinance, | 12 | | federal law, or court order. | 13 | | Section 90. Rules. The Department shall adopt any rules | 14 | | necessary to implement this Act. | 15 | | Section 97. Severability. The provisions of this Act are | 16 | | severable under Section 1.31 of the Statute on Statutes.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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