Full Text of SB0035 100th General Assembly
SB0035sam001 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 3/16/2018
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| 1 | | AMENDMENT TO SENATE BILL 35
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 35 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. Legislative findings. The General Assembly | 7 | | finds that: | 8 | | (1) This State is committed to ensuring that all residents | 9 | | are treated equally notwithstanding race, religion, national | 10 | | origin, disability status, sexual orientation, gender, or | 11 | | immigration status. | 12 | | (2) All residents of this State are entitled to live with | 13 | | dignity and without fear. | 14 | | (3) Immigrants are valuable and essential members of the | 15 | | Illinois community, and should be able to live full and | 16 | | productive lives without fear of the government. |
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| 1 | | (4) A relationship of trust between the Illinois immigrant | 2 | | community and State and local agencies is central to the public | 3 | | safety of the people of this State. This trust is threatened | 4 | | when State and local agencies are entangled with federal | 5 | | immigration enforcement, with the result that immigrant | 6 | | community members fear going to court, seeking basic health | 7 | | services, or attending school to the detriment of public safety | 8 | | and
the well-being of all residents of this State. | 9 | | (5) The General Assembly shall continue to strive to create | 10 | | an environment where all residents are protected to the best of | 11 | | this State's ability. | 12 | | Section 10. Model policies for immigration enforcement. | 13 | | (a) In this Section, "immigration enforcement" means any | 14 | | and all efforts to investigate, enforce, or assist in the | 15 | | investigation or enforcement of any federal civil immigration | 16 | | law including any and all efforts to investigate, enforce, or | 17 | | assist in the investigation or enforcement of any federal | 18 | | criminal immigration law that penalizes a person's presence in, | 19 | | entry or reentry to, or employment in, the United States. | 20 | | (b) The Attorney General by April 1, 2019, in consultation | 21 | | with appropriate stakeholders, shall publish model policies | 22 | | limiting assistance with immigration enforcement to the | 23 | | fullest extent possible consistent with federal and State law | 24 | | ensuring the following facilities remain safe and accessible to | 25 | | all residents of this State, regardless of immigration status: |
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| 1 | | (1) State-funded schools, including licensed day care | 2 | | centers, pre-schools, and other early learning programs; | 3 | | elementary and secondary schools; and institutions of | 4 | | higher education; | 5 | | (2) State-funded medical treatment and health care | 6 | | facilities; including hospitals, health clinics, emergency | 7 | | or urgent care facilities, nursing homes, group homes for | 8 | | persons with developmental disabilities, | 9 | | community-integrated living arrangements, and State mental | 10 | | health facilities; | 11 | | (3) public libraries; | 12 | | (4) facilities operated by the Office of the Secretary | 13 | | of State; and | 14 | | (5) courts of this State. | 15 | | (c) The model policies created under subsection (b) of this | 16 | | Section shall incorporate protections against unreasonable | 17 | | searches and seizures and requirements for warrants based on | 18 | | probable cause guaranteed by the Fourth Amendment of the United | 19 | | States Constitution, Article I, Section 6 of the Illinois | 20 | | Constitution, and other relevant constitutional and legal | 21 | | protections. Facilities enumerated in subsection (b) of this | 22 | | Section shall implement the model policy or an equivalent | 23 | | policy. All other organizations and entities that provide | 24 | | services related to physical or mental health and wellness, | 25 | | education, or access to justice are encouraged to adopt the | 26 | | model policy. |
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| 1 | | Section 15. Public safety. | 2 | | (a) In this Section: | 3 | | "Immigration agent" means an agent of federal | 4 | | Immigration and Customs Enforcement, federal Customs and | 5 | | Border Protection, a person authorized to conduct | 6 | | enforcement of civil immigration laws under subsection (g) | 7 | | of Section 1357 of Title 8 of the United States Code or any | 8 | | other federal law, any other federal agent charged with | 9 | | enforcement of civil immigration laws, or any successor. | 10 | | "Immigration enforcement operation" means any | 11 | | operation that has as one of its objectives the | 12 | | identification or apprehension of a person or persons: (1) | 13 | | in order to subject the person or persons to civil | 14 | | immigration detention, removal proceedings and removal | 15 | | from the United States; or (2) to criminally prosecute a | 16 | | person or persons for offenses related to immigration | 17 | | status, including, but not limited to, violations of | 18 | | Sections 1253, 1304, 1306(a) and (b), 1325, or 1326 of | 19 | | Title 8 of the United States Code. | 20 | | "Law enforcement agency" means an agency in this State | 21 | | charged with enforcement of State, county, or municipal | 22 | | laws or with managing custody of detained persons in the | 23 | | State, including municipal police departments, sheriff's | 24 | | departments, campus police departments, the Department of | 25 | | State Police, and the Department of Juvenile Justice. |
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| 1 | | "Law enforcement official" means any officer or other | 2 | | agent of a State or local law enforcement agency authorized | 3 | | to enforce criminal laws, rules, regulations, or local | 4 | | ordinances or to operate jails, correctional facilities, | 5 | | or juvenile detention facilities or to maintain custody of | 6 | | individuals in jails, correctional facilities, or juvenile | 7 | | detention facilities. | 8 | | (b) A law enforcement official shall not assist or support | 9 | | in any immigration enforcement operation by an immigration | 10 | | agent taking place in or around the perimeter of any of the | 11 | | agencies listed in Section 10 of this Act unless immigration | 12 | | officials present a valid and properly issued criminal warrant | 13 | | related to the investigation or prosecution of any criminal | 14 | | offense, including offenses provided for in the laws of another | 15 | | state or federal law. "Criminal offense" or "criminal activity" | 16 | | shall not include any offense related to immigration status, | 17 | | including, but not limited to, a violation of Section 1253, | 18 | | 1304, 1306 (a) or (b), 1325, or 1326 of Title 8 of the United | 19 | | States Code. | 20 | | (c) Nothing in this Section shall preclude a law | 21 | | enforcement official from executing her or his duties in | 22 | | ensuring public safety except as provided in subsection (b) of | 23 | | this Section. | 24 | | Section 20. Review of file information; questions | 25 | | regarding citizenship. On and after the effective date of this |
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| 1 | | Act, all applications, questionnaires, and interview forms | 2 | | used in relation to benefits, opportunities, or services | 3 | | provided by a State agency or in-State or in-district tuition | 4 | | verification, scholarships, grants, or services provided by a | 5 | | public elementary or secondary school or public institution of | 6 | | higher education shall be promptly reviewed by that State | 7 | | agency, school, or institution and any questions regarding | 8 | | citizenship or immigration status, other than those required by | 9 | | statute, ordinance, federal law, or court order shall be | 10 | | removed within 60 days after the effective date of this Act. | 11 | | Sixty days after the effective date of this Act, an | 12 | | application, questionnaire, or interview form used in relation | 13 | | to benefits, opportunities, or services provided by a State | 14 | | agency or in-State or in-district tuition verification, | 15 | | scholarships, grants, or services provided by a public | 16 | | elementary or secondary school or public institution of higher | 17 | | education shall not contain any questions regarding | 18 | | citizenship or immigration status, other than those required by | 19 | | statute, ordinance, federal law, or court order.
| 20 | | Section 97. Severability. The provisions of this Act are | 21 | | severable under Section 1.31 of the Statute on Statutes.".
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