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Public Act 102-0234


 

Public Act 0234 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0234
 
SB0667 EnrolledLRB102 12147 KMF 17484 b

    AN ACT concerning immigration.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Illinois Way Forward Act.
 
    Section 5. The Illinois TRUST Act is amended by changing
Sections 5, 10, and 15 and by adding Sections 25 and 30 as
follows:
 
    (5 ILCS 805/5)
    Sec. 5. Legislative purpose. Recognizing that State law
does not currently grant State or local law enforcement the
authority to enforce federal civil immigration laws, it is the
intent of the General Assembly that nothing in this Act shall
be construed to authorize any law enforcement agency or law
enforcement official to enforce federal civil immigration law.
The changes made to the definitions of immigration detainer
and civil immigration warrant (formerly "non-judicial
immigration warrant") by Section 10 of this amendatory Act of
the 102nd General Assembly are declarative of existing law.
This Act shall not be construed to prohibit or restrict any
entity from sending to, or receiving from, the United States
Department of Homeland Security or other federal, State, or
local government entity information regarding the citizenship
or immigration status of any individual under Sections 1373
and 1644 of Title 8 of the United States Code. Further, nothing
in this Act shall prevent a law enforcement officer from
contacting another law enforcement agency for the purposes of
clarifying or confirming the civil or criminal nature and
status of notifications or other records possible offenses in
a record provided by the National Crime Information Center, or
detaining someone based on a notification in the Law
Enforcement Agencies Data Administrative System unless it is
clear that request is based on a non-judicial immigration
warrant.
(Source: P.A. 100-463, eff. 8-28-17.)
 
    (5 ILCS 805/10)
    Sec. 10. Definitions. In this Act:
    "Citizenship or immigration status" means all matters
regarding citizenship of the United States or any other
country or the authority to reside in or otherwise be present
in the United States.
    "Civil immigration warrant" means any document that is not
approved or ordered by a judge that can form the basis for an
individual's arrest or detention for a civil immigration
enforcement purpose. "Civil immigration warrant" includes Form
I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to
Detain or Release Alien", Form I-205 "Warrant of
Removal/Deportation", Form I-286 "Notice of Custody
Determination", any predecessor or successor form, and all
warrants, hits, or requests contained in the "Immigration
Violator File" of the FBI's National Crime Information Center
(NCIC) database. "Civil immigration warrant" does not include
any criminal warrant.
    "Contact information" means home address, work address,
telephone number, electronic mail address, social media
information, or any other personal identifying information
that could be used as a means to contact an individual.
    "Immigration agent" means an agent of federal Immigration
and Customs Enforcement, federal Customs and Border
Protection, or any similar or successor agency.
    "Immigration detainer" means a request to a State or local
law enforcement agency to provide notice of release or
maintain custody of an individual based on an alleged
violation of a civil immigration law, including detainers
issued under Sections 1226 or 1357 of Title 8 of the United
States Code or 287.7 or 236.1 of Title 8 of the Code of Federal
Regulations. "Immigration detainer" includes Form I-247A
"Immigration Detainer Notice of Action" and any predecessor
or successor form. a document issued by an immigration agent
that is not approved or ordered by a judge and requests a law
enforcement agency or law enforcement official to provide
notice of release or maintain custody of a person, including a
detainer issued under Section 1226 or 1357 of Title 8 of the
United States Code or Section 236.1 or 287.7 of Title 8 of the
Code of Federal Regulations.
    "Law enforcement agency" means an agency of the State or
of a unit of local government charged with enforcement of
State, county, or municipal laws or with managing custody of
detained persons in the State.
    "Law enforcement official" means any individual with the
power to arrest or detain individuals, including law
enforcement officers, county corrections officer, and others
employed or designated by a law enforcement agency. "Law
enforcement official" includes any probation officer.
    "Non-judicial immigration warrant" means a Form I-200 or
I-205 administrative warrant or any other immigration warrant
or request that is not approved or ordered by a judge,
including administrative warrants entered into the Federal
Bureau of Investigation's National Crime Information Center
database.
(Source: P.A. 100-463, eff. 8-28-17.)
 
    (5 ILCS 805/15)
    Sec. 15. Prohibition on enforcing federal civil
immigration laws.
    (a) A law enforcement agency or law enforcement official
shall not detain or continue to detain any individual solely
on the basis of any immigration detainer or civil non-judicial
immigration warrant or otherwise comply with an immigration
detainer or civil non-judicial immigration warrant.
    (b) A law enforcement agency or law enforcement official
shall not stop, arrest, search, detain, or continue to detain
a person solely based on an individual's citizenship or
immigration status.
    (c) (Blank). This Section 15 does not apply if a law
enforcement agency or law enforcement official is presented
with a valid, enforceable federal warrant. Nothing in this
Section 15 prohibits communication between federal agencies or
officials and law enforcement agencies or officials.
    (d) A law enforcement agency or law enforcement official
acting in good faith in compliance with this Section who
releases a person subject to an immigration detainer or civil
non-judicial immigration warrant shall have immunity from any
civil or criminal liability that might otherwise occur as a
result of making the release, with the exception of willful or
wanton misconduct.
    (e) A law enforcement agency or law enforcement official
may not inquire about or investigate the citizenship or
immigration status or place of birth of any individual in the
agency or official's custody or who has otherwise been stopped
or detained by the agency or official. Nothing in this
subsection shall be construed to limit the ability of a law
enforcement agency or law enforcement official, pursuant to
State or federal law, to notify a person in the law enforcement
agency's custody about that person's right to communicate with
consular officers from that person's country of nationality,
or facilitate such communication, in accordance with the
Vienna Convention on Consular Relations or other bilateral
agreements. Nothing in this subsection shall be construed to
limit the ability of a law enforcement agency or law
enforcement official to request evidence of citizenship or
immigration status pursuant to the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
Article 24 of the Criminal Code of 2012, or 18 United States
Code Sections 921 through 931.
    (f) Unless otherwise limited by federal law, a law
enforcement agency or law enforcement official may not deny
services, benefits, privileges, or opportunities to an
individual in custody or under probation status, including,
but not limited to, eligibility or placement in a lower
custody classification, educational, rehabilitative, or
diversionary programs, on the basis of the individual's
citizenship or immigration status, the issuance of an
immigration detainer or civil immigration warrant against the
individual, or the individual being in immigration removal
proceedings.
    (g)(1) No law enforcement agency, law enforcement
official, or any unit of State or local government may enter
into or renew any contract, intergovernmental service
agreement, or any other agreement to house or detain
individuals for federal civil immigration violations.
    (2) Any law enforcement agency, law enforcement official,
or unit of State or local government with an existing
contract, intergovernmental agreement, or other agreement,
whether in whole or in part, that is utilized to house or
detain individuals for civil immigration violations shall
exercise the termination provision in the agreement as applied
to housing or detaining individuals for civil immigration
violations no later than January 1, 2022.
    (h) Unless presented with a federal criminal warrant, or
otherwise required by federal law, a law enforcement agency or
official may not:
        (1) participate, support, or assist in any capacity
    with an immigration agent's enforcement operations,
    including any collateral assistance such as coordinating
    an arrest in a courthouse or other public facility,
    providing use of any equipment, transporting any
    individuals, or establishing a security or traffic
    perimeter surrounding such operations, or any other
    on-site support;
        (2) give any immigration agent access, including by
    telephone, to any individual who is in that agency's
    custody;
        (3) transfer any person into an immigration agent's
    custody;
        (4) permit immigration agents use of agency facilities
    or equipment, including any agency electronic databases
    not available to the public, for investigative interviews
    or other investigative or immigration enforcement purpose;
        (5) enter into or maintain any agreement regarding
    direct access to any electronic database or other
    data-sharing platform maintained by any law enforcement
    agency, or otherwise provide such direct access to the
    U.S. Immigration and Customs Enforcement, United States
    Customs and Border Protection or any other federal entity
    enforcing civil immigration violations;
        (6) provide information in response to any immigration
    agent's inquiry or request for information regarding any
    individual in the agency's custody; or
        (7) provide to any immigration agent information not
    otherwise available to the public relating to an
    individual's release or contact information, or otherwise
    facilitate for an immigration agent to apprehend or
    question an individual for immigration enforcement.
    (i) Nothing in this Section shall preclude a law
enforcement official from otherwise executing that official's
duties in investigating violations of criminal law and
cooperating in such investigations with federal and other law
enforcement agencies (including criminal investigations
conducted by federal Homeland Security Investigations (HSI))
in order to ensure public safety.
(Source: P.A. 100-463, eff. 8-28-17.)
 
    (5 ILCS 805/25 new)
    Sec. 25. Reporting requirements.
    (a) In order to ensure compliance with this Act, starting
on the effective date of this amendatory Act of the 102nd
General Assembly, law enforcement agencies shall submit a
report annually to the Attorney General. This report shall
include:
        (1) Any requests from the United States Department of
    Homeland Security, including, but not limited to,
    Immigration and Customs and Enforcement, with respect to
    participation, support, or assistance in any immigration
    agent's civil enforcement operation, and any documentation
    regarding how the request was addressed, provided that if
    an agency does not receive any such requests during a
    reporting period, the agency shall certify and report that
    it received no such requests;
        (2) All immigration detainers or civil immigration
    warrants received by the law enforcement agency, provided
    that if an agency does not receive any such detainers or
    warrants during a reporting period, the agency shall
    certify and report that it received no such detainers or
    warrants. The reports shall include:
            (A) the date when the immigration detainer or
        civil immigration warrant was received;
            (B) the date and time the individual subject to
        the immigration detainer or civil immigration warrant
        posted criminal bail, if applicable;
            (C) whether the individual subject to the
        immigration detainer or civil immigration warrant was
        released or transferred;
            (D) the date and time the individual was released
        or transferred; and
            (E) if the individual is transferred, to which
        governmental agency's custody.
    (b) Law enforcement agencies shall not include names or
other personally identifying information in any reports
required under this Section.
 
    (5 ILCS 805/30 new)
    Sec. 30. Attorney General enforcement provisions. In order
to ensure compliance with this Act:
    (a) The Attorney General shall have authority to conduct
investigations into violations of this Act. The Attorney
General may: (1) require a law enforcement agency, law
enforcement official, or any other person or entity to file a
statement or report in writing under oath or otherwise, as to
all information the Attorney General may consider necessary;
(2) examine under oath any law enforcement official or any
other person alleged to have participated in or with knowledge
of the alleged violation; or (3) issue subpoenas, obtain
records, conduct hearings, or take any other actions in aid of
any investigation. In the event a law enforcement agency, law
enforcement official, or other person or entity fails to
comply, in whole or in part, with a subpoena or other
investigative request issued pursuant to this paragraph, the
Attorney General may compel compliance through an action in
the circuit court.
    (b) Upon his or her own information or upon the complaint
of any person, the Attorney General may maintain an action for
declaratory, injunctive or any other equitable relief in the
circuit court against any law enforcement agency, law
enforcement official, or other person or entity who violates
any provision of this Act. These remedies are in addition to,
and not in substitution for, other available remedies.
 
    Section 10. The Voices of Immigrant Communities Empowering
Survivors (VOICES) Act is amended by changing Section 10 and
by adding Sections 11, 20, 25, and 30 as follows:
 
    (5 ILCS 825/10)
    Sec. 10. Certifications for victims of qualifying criminal
activity.
    (a) The head of each certifying agency shall designate an
official or officials in supervisory roles, either within the
agency or, by agreement with another agency with concurrent
jurisdiction over the geographic area or subject matter
covered by that agency, within that other agency. Designated
officials may not be members of a collective bargaining unit
represented by a labor organization, unless the official is an
attorney or is employed in an agency in which all supervisory
officials are members of a collective bargaining unit.
Certifying officials shall:
        (1) respond to requests for completion of
    certification forms received by the agency, as required by
    this Section; and
        (2) make information regarding the agency's procedures
    for certification requests publicly available for victims
    of qualifying criminal activity and their representatives.
    (b) Any person seeking completion of a certification form
shall first submit a request for completion of the
certification form to the certifying official for any
certifying agency that detected, investigated, or prosecuted
the criminal activity upon which the request is based.
    (c) A request for completion of a certification form under
this Section may be submitted by a representative of the
person seeking the certification form, including, but not
limited to, an attorney, accredited representative, or
domestic violence or sexual assault services provider.
    (d) Upon receiving a request for completion of a
certification form, a certifying official shall complete the
certification form for any victim of qualifying criminal
activity. In completing the certification form, there is a
rebuttable presumption that a victim is helpful, has been
helpful, or is likely to be helpful to the detection or
investigation or prosecution of that qualifying criminal
activity, if the victim has not refused or failed to provide
information and assistance reasonably requested by law
enforcement. The certifying official shall fully complete and
sign the certification form and, regarding victim helpfulness,
include specific details about the nature of the crime
investigated or prosecuted and a detailed description of the
victim's helpfulness or likely helpfulness to the detection or
investigation or prosecution of the criminal activity. If the
certifying official cannot determine that the applicant is a
victim of qualifying criminal activity, the certifying
official may provide written notice to the person or the
person's representative explaining why the available evidence
does not support a finding that the person is a victim of
qualifying criminal activity. The certifying official shall
complete the certification form and provide it to the person
within 90 business days of receiving the request, except:
        (1) if the person making the request for completion of
    the certification form is in federal immigration removal
    proceedings or detained, the certifying official shall
    complete and provide the certification form to the person
    no later than 21 business days after the request is
    received by the certifying agency;
        (2) if the children, parents, or siblings of the
    person making the request for completion of the
    certification form would become ineligible for benefits
    under Sections 1184(p) and 1184(o) of Title 8 of the
    United States Code by virtue of the person's children
    having reached the age of 21 years, the person having
    reached the age of 21 years, or the person's sibling
    having reached the age of 18 years within 90 business days
    from the date that the certifying official receives the
    certification request, the certifying official shall
    complete and provide the certification form to the person
    no later than 21 business days after the request is
    received by the certifying agency;
        (3) if the person's children, parents, or siblings
    under paragraph (2) of this subsection (d) would become
    ineligible for benefits under Sections 1184(p) and 1184(o)
    of Title 8 of the United States Code in less than 21
    business days of receipt of the certification request, the
    certifying official shall complete and provide a
    certification form to the person within 5 business days;
    or
        (4) a certifying official may extend the time period
    by which it must complete and provide the certification
    form to the person as required under this subsection (d)
    only upon written agreement with the person or person's
    representative.
    Requests for expedited completion of a certification form
under paragraphs (1), (2), and (3) of this subsection (d)
shall be affirmatively raised by the person or that person's
representative in writing to the certifying agency and shall
establish that the person is eligible for expedited review.
    (e) A certifying official who issued an initial
certification form shall complete and reissue a certification
form within 90 business days of receiving a request from a
victim to reissue. If the victim seeking recertification has a
deadline to respond to a request for evidence from United
States Citizenship and Immigration Services, the certifying
official shall complete and issue the form no later than 21
business days after the request is received by the certifying
official. Requests for expedited recertification shall be
affirmatively raised by the victim or victim's representative
in writing and shall establish that the victim is eligible for
expedited review. A certifying official may extend the
deadline by which he or she will complete and reissue the
certification form only upon written agreement with the victim
or victim's representative.
    (f) Notwithstanding any other provision of this Section, a
certifying official's completion of a certification form shall
not be considered sufficient evidence that an applicant for a
U or T visa has met all eligibility requirements for that visa
and completion of a certification form by a certifying
official shall not be construed to guarantee that the victim
will receive federal immigration relief. It is the exclusive
responsibility of federal immigration officials to determine
whether a person is eligible for a U or T visa. Completion of a
certification form by a certifying official merely verifies
factual information relevant to the federal immigration
benefit sought, including information relevant for federal
immigration officials to determine eligibility for a U or T
visa. By completing a certification form, the certifying
official attests that the information is true and correct to
the best of the certifying official's knowledge. No provision
in this Act limits the manner in which a certifying officer or
certifying agency may describe whether the person has
cooperated or been helpful to the agency or provide any
additional information the certifying officer or certifying
agency believes might be relevant to a federal immigration
officer's adjudication of a U or T visa application. If, after
completion of a certification form, the certifying official
later determines the person was not the victim of qualifying
criminal activity or the victim unreasonably refuses to assist
in the investigation or prosecution of the qualifying criminal
activity of which he or she is a victim, the certifying
official may notify United States Citizenship and Immigration
Services in writing.
    (g) A certifying official or agency receiving requests for
completion of certification forms shall not disclose the
immigration status of a victim or person requesting the
certification form, except to comply with federal law or State
law, legal process, or if authorized, by the victim or person
requesting the certification form.
(Source: P.A. 100-1115, eff. 1-1-19.)
 
    (5 ILCS 825/11 new)
    Sec. 11. Denials.
    (a) If the certifying official cannot determine that the
requester is a victim of a qualifying criminal activity, the
certifying official shall provide written notice to the person
or the person's representative explaining why the available
evidence does not support a finding that the person is a victim
of qualifying criminal activity. The certifying official shall
submit the notice to the address provided in the request and
shall provide contact information should the requester desire
to appeal the decision. The certifying agency or certifying
official shall accept all appeals and must respond to the
appeals within 30 business days.
    (b) Notwithstanding subsection (a), no requester is
required to exhaust an administrative appeal under subsection
(a) before filing a mandamus action or seeking other equitable
relief in circuit court for a completed certification form
required under Section 10.
 
    (5 ILCS 825/20 new)
    Sec. 20. Reporting requirements.
    (a) In order to ensure compliance with this Act, starting
on the effective date of this amendatory Act of the 102nd
General Assembly, law enforcement agencies shall submit a
report annually to the Attorney General. This report shall
include the following information regarding any requests for
completion of a certification form under Section 10 of this
Act:
        (1) the date of receipt of such request; and
        (2) the date on which the law enforcement agency
    provided the completed certification form to the requester
    or provided written notice explaining why the available
    evidence does not support a finding that the requester is
    a victim of qualifying criminal activity.
    If an agency receives no requests for completion of a
certification form during a reporting period, the agency shall
certify and report that it received no such requests.
    (b) Law enforcement agencies shall not include names or
other personally identifying information in any reports
required under this Section.
 
    (5 ILCS 825/25 new)
    Sec. 25. Training. Each certifying agency shall arrange
for regular training for officials designated under subsection
(a) of Section 10 of this Act regarding all requirements of
this Act.
 
    (5 ILCS 825/30 new)
    Sec. 30. Attorney General enforcement provisions. In order
to ensure compliance with this Act:
    (a) The Attorney General shall have authority to conduct
investigations into violations of this Act. The Attorney
General may:
        (1) require a law enforcement agency, law enforcement
    official, or any other person or entity to file a
    statement or report in writing under oath or otherwise, as
    to all information the Attorney General may consider
    necessary;
        (2) examine under oath any law enforcement official or
    any other person alleged to have participated in or with
    knowledge of the alleged violation; or
        (3) issue subpoenas, obtain records, conduct hearings,
    or take any other actions in aid of any investigation. In
    the event a law enforcement agency, law enforcement
    official, or other person or entity fails to comply, in
    whole or in part, with a subpoena or other investigative
    request issued pursuant to this paragraph, the Attorney
    General may compel compliance through an action in the
    circuit court.
    (b) Upon his or her own information or upon the complaint
of any person, the Attorney General may maintain an action for
declaratory, injunctive or any other equitable relief in the
circuit court against any law enforcement agency, law
enforcement official, or other person or entity who violates
any provision of this Act. These remedies are in addition to,
and not in substitution for, other available remedies.
 
    Section 97. Severability. If any provision of this Act or
its application to any person or circumstances is held
invalid, the invalidity of that provision or application does
not affect other provisions or applications of this Act that
can be given effect without the invalid provision or
application.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/2/2021