Bill Text: IL SB1881 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois TRUST Act. Adds schools and school employees to provisions regarding law enforcement agencies and law enforcement officials. Defines "school".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Referred to Assignments [SB1881 Detail]

Download: Illinois-2025-SB1881-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1881 Introduced 2/5/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
5 ILCS 805/10
5 ILCS 805/15
5 ILCS 805/25
5 ILCS 805/30
Amends the Illinois TRUST Act. Adds schools and school employees to provisions regarding law enforcement agencies and law enforcement officials. Defines "school".
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois TRUST Act is amended by changing
Sections 10, 15, 25, and 30 as follows:
(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.

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"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.
"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, corrections officers, and others
employed or designated by a law enforcement agency. "Law
enforcement official" includes any probation officer.
"School" means any public elementary or secondary school,

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public community college, public college, or public State
university.
(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)
(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 immigration
warrant or otherwise comply with an immigration detainer or
civil 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).
(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
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

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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 for 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

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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,
law enforcement or official, school, or school employee 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

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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

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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. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)
(5 ILCS 805/25)
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. Starting on the
effective date of this amendatory Act of the 104th General
Assembly, schools shall also 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;

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(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.
(Source: P.A. 102-234, eff. 8-2-21.)
(5 ILCS 805/30)
Sec. 30. Attorney General enforcement provisions. In order
to ensure compliance with this Act:

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(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, school, school employee,
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, school employee,
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, school,
school employee, 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.

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(Source: P.A. 102-234, eff. 8-2-21.)