Illinois General Assembly - Full Text of SB0667
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Full Text of SB0667  102nd General Assembly

SB0667eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0667 EngrossedLRB102 12147 KMF 17484 b

1    AN ACT concerning immigration.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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.
16The changes made to the definitions of immigration detainer
17and civil immigration warrant (formerly "non-judicial
18immigration warrant") by Section 10 of this amendatory Act of
19the 102nd General Assembly are declarative of existing law.
20This Act shall not be construed to prohibit or restrict any
21entity from sending to, or receiving from, the United States
22Department of Homeland Security or other federal, State, or

 

 

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1local government entity information regarding the citizenship
2or immigration status of any individual under Sections 1373
3and 1644 of Title 8 of the United States Code. Further, nothing
4in this Act shall prevent a law enforcement officer from
5contacting another law enforcement agency for the purposes of
6clarifying or confirming the civil or criminal nature and
7status of notifications or other records possible offenses in
8a record provided by the National Crime Information Center, or
9detaining someone based on a notification in the Law
10Enforcement Agencies Data Administrative System unless it is
11clear that request is based on a non-judicial immigration
12warrant.
13(Source: P.A. 100-463, eff. 8-28-17.)
 
14    (5 ILCS 805/10)
15    Sec. 10. Definitions. In this Act:
16    "Citizenship or immigration status" means all matters
17regarding citizenship of the United States or any other
18country or the authority to reside in or otherwise be present
19in the United States.
20    "Civil immigration warrant" means any document that is not
21approved or ordered by a judge that can form the basis for an
22individual's arrest or detention for a civil immigration
23enforcement purpose. "Civil immigration warrant" includes Form
24I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to
25Detain or Release Alien", Form I-205 "Warrant of

 

 

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

 

 

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1United States Code or Section 236.1 or 287.7 of Title 8 of the
2Code of Federal Regulations.
3    "Law enforcement agency" means an agency of the State or
4of a unit of local government charged with enforcement of
5State, county, or municipal laws or with managing custody of
6detained persons in the State.
7    "Law enforcement official" means any individual with the
8power to arrest or detain individuals, including law
9enforcement officers, county corrections officer, and others
10employed or designated by a law enforcement agency. "Law
11enforcement official" includes any probation officer.
12    "Non-judicial immigration warrant" means a Form I-200 or
13I-205 administrative warrant or any other immigration warrant
14or request that is not approved or ordered by a judge,
15including administrative warrants entered into the Federal
16Bureau of Investigation's National Crime Information Center
17database.
18(Source: P.A. 100-463, eff. 8-28-17.)
 
19    (5 ILCS 805/15)
20    Sec. 15. Prohibition on enforcing federal civil
21immigration laws.
22    (a) A law enforcement agency or law enforcement official
23shall not detain or continue to detain any individual solely
24on the basis of any immigration detainer or civil non-judicial
25immigration warrant or otherwise comply with an immigration

 

 

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

 

 

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1consular officers from that person's country of nationality,
2or facilitate such communication, in accordance with the
3Vienna Convention on Consular Relations or other bilateral
4agreements. Nothing in this subsection shall be construed to
5limit the ability of a law enforcement agency or law
6enforcement official to request evidence of citizenship or
7immigration status pursuant to the Firearm Owners
8Identification Card Act, the Firearm Concealed Carry Act,
9Article 24 of the Criminal Code of 2012, or 18 United States
10Code Sections 921 through 931.
11    (f) Unless otherwise limited by federal law, a law
12enforcement agency or law enforcement official may not deny
13services, benefits, privileges, or opportunities to an
14individual in custody or under probation status, including,
15but not limited to, eligibility or placement in a lower
16custody classification, educational, rehabilitative, or
17diversionary programs, on the basis of the individual's
18citizenship or immigration status, the issuance of an
19immigration detainer or civil immigration warrant against the
20individual, or the individual being in immigration removal
21proceedings.
22    (g)(1) No law enforcement agency, law enforcement
23official, or any unit of State or local government may enter
24into or renew any contract, intergovernmental service
25agreement, or any other agreement to house or detain
26individuals for federal civil immigration violations.

 

 

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

 

 

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1    not available to the public, for investigative interviews
2    or other investigative or immigration enforcement purpose;
3        (5) enter into or maintain any agreement regarding
4    direct access to any electronic database or other
5    data-sharing platform maintained by any law enforcement
6    agency, or otherwise provide such direct access to the
7    U.S. Immigration and Customs Enforcement, United States
8    Customs and Border Protection or any other federal entity
9    enforcing civil immigration violations;
10        (6) provide information in response to any immigration
11    agent's inquiry or request for information regarding any
12    individual in the agency's custody; or
13        (7) provide to any immigration agent information not
14    otherwise available to the public relating to an
15    individual's release or contact information, or otherwise
16    facilitate for an immigration agent to apprehend or
17    question an individual for immigration enforcement.
18    (i) Nothing in this Section shall preclude a law
19enforcement official from otherwise executing that official's
20duties in investigating violations of criminal law and
21cooperating in such investigations with federal and other law
22enforcement agencies (including criminal investigations
23conducted by federal Homeland Security Investigations (HSI))
24in order to ensure public safety.
25(Source: P.A. 100-463, eff. 8-28-17.)
 

 

 

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1    (5 ILCS 805/25 new)
2    Sec. 25. Reporting requirements.
3    (a) In order to ensure compliance with this Act, starting
4on the effective date of this amendatory Act of the 102nd
5General Assembly, law enforcement agencies shall submit a
6report annually to the Attorney General. This report shall
7include:
8        (1) Any requests from the United States Department of
9    Homeland Security, including, but not limited to,
10    Immigration and Customs and Enforcement, with respect to
11    participation, support, or assistance in any immigration
12    agent's civil enforcement operation, and any documentation
13    regarding how the request was addressed, provided that if
14    an agency does not receive any such requests during a
15    reporting period, the agency shall certify and report that
16    it received no such requests;
17        (2) All immigration detainers or civil immigration
18    warrants received by the law enforcement agency, provided
19    that if an agency does not receive any such detainers or
20    warrants during a reporting period, the agency shall
21    certify and report that it received no such detainers or
22    warrants. The reports shall include:
23            (A) the date when the immigration detainer or
24        civil immigration warrant was received;
25            (B) the date and time the individual subject to
26        the immigration detainer or civil immigration warrant

 

 

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1        posted criminal bail, if applicable;
2            (C) whether the individual subject to the
3        immigration detainer or civil immigration warrant was
4        released or transferred;
5            (D) the date and time the individual was released
6        or transferred; and
7            (E) if the individual is transferred, to which
8        governmental agency's custody.
9    (b) Law enforcement agencies shall not include names or
10other personally identifying information in any reports
11required under this Section.
 
12    (5 ILCS 805/30 new)
13    Sec. 30. Attorney General enforcement provisions. In order
14to ensure compliance with this Act:
15    (a) The Attorney General shall have authority to conduct
16investigations into violations of this Act. The Attorney
17General may: (1) require a law enforcement agency, law
18enforcement official, or any other person or entity to file a
19statement or report in writing under oath or otherwise, as to
20all information the Attorney General may consider necessary;
21(2) examine under oath any law enforcement official or any
22other person alleged to have participated in or with knowledge
23of the alleged violation; or (3) issue subpoenas, obtain
24records, conduct hearings, or take any other actions in aid of
25any investigation. In the event a law enforcement agency, law

 

 

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

 

 

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1represented by a labor organization, unless the official is an
2attorney or is employed in an agency in which all supervisory
3officials are members of a collective bargaining unit.
4Certifying officials shall:
5        (1) respond to requests for completion of
6    certification forms received by the agency, as required by
7    this Section; and
8        (2) make information regarding the agency's procedures
9    for certification requests publicly available for victims
10    of qualifying criminal activity and their representatives.
11    (b) Any person seeking completion of a certification form
12shall first submit a request for completion of the
13certification form to the certifying official for any
14certifying agency that detected, investigated, or prosecuted
15the criminal activity upon which the request is based.
16    (c) A request for completion of a certification form under
17this Section may be submitted by a representative of the
18person seeking the certification form, including, but not
19limited to, an attorney, accredited representative, or
20domestic violence or sexual assault services provider.
21    (d) Upon receiving a request for completion of a
22certification form, a certifying official shall complete the
23certification form for any victim of qualifying criminal
24activity. In completing the certification form, there is a
25rebuttable presumption that a victim is helpful, has been
26helpful, or is likely to be helpful to the detection or

 

 

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

 

 

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

 

 

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1representative in writing to the certifying agency and shall
2establish that the person is eligible for expedited review.
3    (e) A certifying official who issued an initial
4certification form shall complete and reissue a certification
5form within 90 business days of receiving a request from a
6victim to reissue. If the victim seeking recertification has a
7deadline to respond to a request for evidence from United
8States Citizenship and Immigration Services, the certifying
9official shall complete and issue the form no later than 21
10business days after the request is received by the certifying
11official. Requests for expedited recertification shall be
12affirmatively raised by the victim or victim's representative
13in writing and shall establish that the victim is eligible for
14expedited review. A certifying official may extend the
15deadline by which he or she will complete and reissue the
16certification form only upon written agreement with the victim
17or victim's representative.
18    (f) Notwithstanding any other provision of this Section, a
19certifying official's completion of a certification form shall
20not be considered sufficient evidence that an applicant for a
21U or T visa has met all eligibility requirements for that visa
22and completion of a certification form by a certifying
23official shall not be construed to guarantee that the victim
24will receive federal immigration relief. It is the exclusive
25responsibility of federal immigration officials to determine
26whether a person is eligible for a U or T visa. Completion of a

 

 

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1certification form by a certifying official merely verifies
2factual information relevant to the federal immigration
3benefit sought, including information relevant for federal
4immigration officials to determine eligibility for a U or T
5visa. By completing a certification form, the certifying
6official attests that the information is true and correct to
7the best of the certifying official's knowledge. No provision
8in this Act limits the manner in which a certifying officer or
9certifying agency may describe whether the person has
10cooperated or been helpful to the agency or provide any
11additional information the certifying officer or certifying
12agency believes might be relevant to a federal immigration
13officer's adjudication of a U or T visa application. If, after
14completion of a certification form, the certifying official
15later determines the person was not the victim of qualifying
16criminal activity or the victim unreasonably refuses to assist
17in the investigation or prosecution of the qualifying criminal
18activity of which he or she is a victim, the certifying
19official may notify United States Citizenship and Immigration
20Services in writing.
21    (g) A certifying official or agency receiving requests for
22completion of certification forms shall not disclose the
23immigration status of a victim or person requesting the
24certification form, except to comply with federal law or State
25law, legal process, or if authorized, by the victim or person
26requesting the certification form.

 

 

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1(Source: P.A. 100-1115, eff. 1-1-19.)
 
2    (5 ILCS 825/11 new)
3    Sec. 11. Denials.
4    (a) If the certifying official cannot determine that the
5requester is a victim of a qualifying criminal activity, the
6certifying official shall provide written notice to the person
7or the person's representative explaining why the available
8evidence does not support a finding that the person is a victim
9of qualifying criminal activity. The certifying official shall
10submit the notice to the address provided in the request and
11shall provide contact information should the requester desire
12to appeal the decision. The certifying agency or certifying
13official shall accept all appeals and must respond to the
14appeals within 30 business days.
15    (b) Notwithstanding subsection (a), no requester is
16required to exhaust an administrative appeal under subsection
17(a) before filing a mandamus action or seeking other equitable
18relief in circuit court for a completed certification form
19required under Section 10.
 
20    (5 ILCS 825/20 new)
21    Sec. 20. Reporting requirements.
22    (a) In order to ensure compliance with this Act, starting
23on the effective date of this amendatory Act of the 102nd
24General Assembly, law enforcement agencies shall submit a

 

 

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

 

 

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1    (a) The Attorney General shall have authority to conduct
2investigations into violations of this Act. The Attorney
3General may:
4        (1) require a law enforcement agency, law enforcement
5    official, or any other person or entity to file a
6    statement or report in writing under oath or otherwise, as
7    to all information the Attorney General may consider
8    necessary;
9        (2) examine under oath any law enforcement official or
10    any other person alleged to have participated in or with
11    knowledge of the alleged violation; or
12        (3) issue subpoenas, obtain records, conduct hearings,
13    or take any other actions in aid of any investigation. In
14    the event a law enforcement agency, law enforcement
15    official, or other person or entity fails to comply, in
16    whole or in part, with a subpoena or other investigative
17    request issued pursuant to this paragraph, the Attorney
18    General may compel compliance through an action in the
19    circuit court.
20    (b) Upon his or her own information or upon the complaint
21of any person, the Attorney General may maintain an action for
22declaratory, injunctive or any other equitable relief in the
23circuit court against any law enforcement agency, law
24enforcement official, or other person or entity who violates
25any provision of this Act. These remedies are in addition to,
26and not in substitution for, other available remedies.
 

 

 

SB0667 Engrossed- 20 -LRB102 12147 KMF 17484 b

1    Section 97. Severability. If any provision of this Act or
2its application to any person or circumstances is held
3invalid, the invalidity of that provision or application does
4not affect other provisions or applications of this Act that
5can be given effect without the invalid provision or
6application.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.