Bill Text: IL SB3596 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Repeals provisions in the Illinois Public Aid Code and the Illinois Administrative Procedure Act relating to medical services for certain noncitizens. Amends the Department of Human Services Act. Creates the Asylum Travel Expense Program in the Department of Human Services to provide noncitizens seeking asylum who are residing in Illinois transportation and travel expenses for travel to another state that prohibits law enforcement or other governmental agencies from assisting the United States Immigration and Customs Enforcement or other federal government agency with immigration enforcement or to the country of origin of the noncitizen seeking asylum. Requires the method of transportation selected by the Department to be by the cheapest means to transport the noncitizen seeking asylum to the noncitizen's desired destination. Provides for the transfer of $10,000,000 from the General Revenue Fund into the Asylum Travel Expense Program Fund to fund the Program. Amends the State Finance Act to create the Fund. Effective immediately.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-07-02 - Added as Co-Sponsor Sen. Sue Rezin [SB3596 Detail]

Download: Illinois-2023-SB3596-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3596 Introduced 2/9/2024, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
See Index
Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Repeals provisions in the Illinois Public Aid Code and the Illinois Administrative Procedure Act relating to medical services for certain noncitizens. Amends the Department of Human Services Act. Creates the Asylum Travel Expense Program in the Department of Human Services to provide noncitizens seeking asylum who are residing in Illinois transportation and travel expenses for travel to another state that prohibits law enforcement or other governmental agencies from assisting the United States Immigration and Customs Enforcement or other federal government agency with immigration enforcement or to the country of origin of the noncitizen seeking asylum. Requires the method of transportation selected by the Department to be by the cheapest means to transport the noncitizen seeking asylum to the noncitizen's desired destination. Provides for the transfer of $10,000,000 from the General Revenue Fund into the Asylum Travel Expense Program Fund to fund the Program. Amends the State Finance Act to create the Fund. Effective immediately.
LRB103 39365 AWJ 69528 b
A BILL FOR
SB3596 LRB103 39365 AWJ 69528 b
AN ACT concerning government.
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
Immigration Enforcement Act.
Section 5. Definitions. As used in this Act:
"Immigration detainer is facially sufficient" means: (i)
the federal immigration agency's official form is incomplete
and fails to indicate on its face that the federal immigration
official has probable cause to believe that the person to be
detained is a removable alien under federal immigration law
but is supported by an affidavit, order, or other official
documentation that indicates that the federal immigration
agency has probable cause to believe that the person to be
detained is a removable alien under federal immigration law
and the federal immigration agency supplies with its detention
request a Form I-200 Warrant for Arrest of Alien, a Form I-205
Warrant of Removal/Deportation, a successor warrant, or other
warrant authorized by federal law; or (ii) the federal
immigration agency's official form is complete and indicates
on its face that the federal immigration official has probable
cause to believe that the person to be detained is a removable
alien under federal immigration law.

SB3596 - 2 - LRB103 39365 AWJ 69528 b
"Law enforcement agency" means any entity with statutory
police powers and the ability to employ individuals authorized
to make arrests, including local and State agencies.
"Local entity" means a unit of local government, a school
district, or a community college district.
"State entity" means the State of Illinois and all of its
agencies, State universities and colleges, and all corporate
outgrowths of the State.
Section 10. Prohibited policies regarding immigration
enforcement. A State entity, local entity, or law enforcement
agency may not adopt or maintain a law, ordinance, resolution,
rule, regulation, policy, directive, order, practice, or
procedure, formal or informal, written or unwritten, that
prohibits or materially restricts the State entity, local
entity, or law enforcement agency from complying with or
assisting in the enforcement of immigration laws. This
includes prohibitions or restrictions on:
(1) inquiries into the immigration status of any
person;
(2) transmitting, requesting, or receiving information
relating to immigration status, lawful or unlawful, of any
person to or from any federal immigration enforcement
agency;
(3) maintaining, archiving, or otherwise storing for
subsequent use information relating to an individual's

SB3596 - 3 - LRB103 39365 AWJ 69528 b
immigration status;
(4) exchanging information relating to immigration
status with another law enforcement agency, local entity,
State entity, or a federal immigration agency;
(5) complying with an immigration detainer, including,
but not limited to, refusing to cooperate or comply with a
lawfully issued detainer in the absence of a warrant or
other order directing compliance with or enforcement of
such a detainer;
(6) complying with a request from a federal
immigration agency to notify the agency before the release
of an inmate;
(7) providing a federal immigration agency with an
inmate's incarceration status or release date;
(8) assisting or cooperating with a federal
immigration agency, including by providing enforcement
assistance;
(9) participating in any program or agreement
authorized under Section 287 of the federal Immigration
and Nationality Act (8 U.S.C. 1357); or
(10) permitting a federal immigration officer to enter
and conduct enforcement activities at a municipal jail,
county jail, or Division of Corrections or rehabilitation
facility involving or related to the enforcement of
federal immigration laws.

SB3596 - 4 - LRB103 39365 AWJ 69528 b
Section 15. Mandatory duties of law enforcement agencies
regarding immigration detainers.
(a) A law enforcement agency that takes initial custody of
a person subject to an immigration detainer shall:
(1) provide notice to the court authorized to grant or
deny the person's release on bail or bond that the person
is subject to an immigration detainer;
(2) record in the person's case file that the person
is subject to an immigration detainer; and
(3) upon determining that the immigration detainer is
facially sufficient, comply with the requests made in the
immigration detainer to the extent required by law.
(b) A law enforcement agency is not required to perform a
duty imposed by subsection (a) with respect to a person who has
been transferred to the custody of the agency by another law
enforcement agency subject to the requirements of this
section.
(c) A court of competent jurisdiction that receives notice
that a person is subject to an immigration detainer shall
record this information in the court record, regardless of
whether the notice is received before or after a judgment in
the case.
Section 20. Mandatory agreements for housing persons
subject to immigration detainers.
(a) Each county jail, municipal jail, and the Department

SB3596 - 5 - LRB103 39365 AWJ 69528 b
of Corrections shall enter into an agreement with a federal
immigration agency for temporarily housing persons who are the
subject of immigration detainers and for the payment of the
costs of housing and detaining those persons.
(b) A agreement under this Section must include a contract
with a federal immigration agency for housing or detaining
persons subject to immigration detainers, such as basic
ordering agreements, intergovernmental service agreements,
agreements authorized by Section 287 of the federal
Immigration and Nationality Act (8 U.S.C. 1357), successor
agreements, or other similar agreements authorized by federal
law.
Section 25. Implementation; discrimination prohibited.
(a) This Act shall be implemented in a manner consistent
with federal laws and regulations governing immigration,
protecting the civil rights of all persons, and respecting the
privileges and immunities of United States citizens.
(b) A State entity, local entity, or law enforcement
agency and a person employed by or otherwise under the
direction or control of a State entity, local entity, or law
enforcement agency may not base the entity's, agency's, or
person's actions under this Act on the gender, race, color,
religion, language, national origin, or physical disability of
a person except to the extent authorized by the United States
Constitution, the constitution and laws of this State, or

SB3596 - 6 - LRB103 39365 AWJ 69528 b
other applicable federal law.
Section 30. Home rule. The regulation of immigration
enforcement is an exclusive power and function of the State. A
home rule unit may not regulate immigration enforcement. This
Act is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
(5 ILCS 100/5-45.37 rep.)
Section 100. The Illinois Administrative Procedure Act is
amended by repealing Section 5-45.37.
(5 ILCS 805/Act rep.)
Section 105. The Illinois TRUST Act is repealed.
Section 110. The Illinois Identification Card Act is
amended by changing Section 11 as follows:
(15 ILCS 335/11) (from Ch. 124, par. 31)
(Text of Section before amendment by P.A. 103-210)
Sec. 11. Records.
(a) The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card then on file, upon

SB3596 - 7 - LRB103 39365 AWJ 69528 b
receipt of a written application therefor accompanied with the
prescribed fee. However, the Secretary may not disclose
medical information concerning an individual to any person,
public agency, private agency, corporation or governmental
body unless the individual has submitted a written request for
the information or unless the individual has given prior
written consent for the release of the information to a
specific person or entity. This exception shall not apply to:
(1) offices and employees of the Secretary who have a need to
know the medical information in performance of their official
duties, or (2) orders of a court of competent jurisdiction.
When medical information is disclosed by the Secretary in
accordance with the provisions of this Section, no liability
shall rest with the Office of the Secretary of State as the
information is released for informational purposes only.
(b) Except as otherwise provided in this Section, the
Secretary may release personally identifying information only
to:
(1) officers and employees of the Secretary who have a
need to know that information for issuance of driver's
licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies for a criminal or civil
investigation;

SB3596 - 8 - LRB103 39365 AWJ 69528 b
(3-5) the State Board of Elections as may be required
by an agreement the State Board of Elections has entered
into with a multi-state voter registration list
maintenance system; or
(4) any entity that the Secretary has authorized, by
rule.
(c) Except as otherwise provided in this Section, the
Secretary may release highly restricted personal information
only to:
(1) officers and employees of the Secretary who have a
need to access the information for the issuance of
driver's licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) law enforcement officials for a criminal or civil
law enforcement investigation;
(3) the State Board of Elections for the purpose of
providing the signature for completion of voter
registration; or
(4) any other entity the Secretary has authorized by
rule.
(d) Documents required to be submitted with an application
for an identification card to prove the applicant's identity
(name and date of birth), social security number, written
signature, residency, and, as applicable, proof of lawful
status shall be confidential and shall not be disclosed except
to the following persons:

SB3596 - 9 - LRB103 39365 AWJ 69528 b
(1) the individual to whom the identification card was
issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation;
(4) other entities that the Secretary may authorize by
rule.
(e) The Secretary may not disclose an individual's social
security number or any associated information obtained from
the Social Security Administration without the written request
or consent of the individual except: (i) to officers and
employees of the Secretary who have a need to know the social
security number in the performance of their official duties;
(ii) to law enforcement officials for a civil or criminal law
enforcement investigation if an officer of the law enforcement
agency has made a written request to the Secretary specifying
the law enforcement investigation for which the social
security number is being sought; (iii) under a lawful court
order signed by a judge; (iv) to the Illinois Department of
Veterans' Affairs for the purpose of confirming veteran status
to agencies in other states responsible for the issuance of
state identification cards for participation in State-to-State

SB3596 - 10 - LRB103 39365 AWJ 69528 b
verification service; or (v) the last 4 digits to the Illinois
State Board of Elections for purposes of voter registration
and as may be required pursuant to an agreement for a
multi-state voter registration list maintenance system. The
Secretary retains the right to require additional verification
regarding the validity of a request from law enforcement. If
social security information is disclosed by the Secretary in
accordance with this Section, no liability shall rest with the
Office of the Secretary of State or any of its officers or
employees, as the information is released for official
purposes only.
(f) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing an identification card to any federal,
State, or local law enforcement agency or other governmental
entity for the purpose of enforcing federal immigration laws.
This subsection shall not apply to requests from federal,
State, or local law enforcement agencies or other governmental
entities for facial recognition search services or photographs
obtained in the process of issuing a driver's license or
permit when the purpose of the request relates to criminal
activity other than violations of immigration laws.
(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
(Text of Section after amendment by P.A. 103-210)
Sec. 11. Records.

SB3596 - 11 - LRB103 39365 AWJ 69528 b
(a) The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card then on file, upon
receipt of a written application therefor accompanied with the
prescribed fee. However, the Secretary may not disclose
medical information concerning an individual to any person,
public agency, private agency, corporation or governmental
body unless the individual has submitted a written request for
the information or unless the individual has given prior
written consent for the release of the information to a
specific person or entity. This exception shall not apply to:
(1) offices and employees of the Secretary who have a need to
know the medical information in performance of their official
duties, or (2) orders of a court of competent jurisdiction.
When medical information is disclosed by the Secretary in
accordance with the provisions of this Section, no liability
shall rest with the Office of the Secretary of State as the
information is released for informational purposes only.
(b) Except as otherwise provided in this Section, the
Secretary may release personally identifying information only
to:
(1) officers and employees of the Secretary who have a
need to know that information for issuance of driver's
licenses, permits, or identification cards and
investigation of fraud or misconduct;

SB3596 - 12 - LRB103 39365 AWJ 69528 b
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies for a criminal or civil
investigation, except as restricted by subsections (g) and
(h);
(3-5) the State Board of Elections as may be required
by an agreement the State Board of Elections has entered
into with a multi-state voter registration list
maintenance system; or
(4) any entity that the Secretary has authorized, by
rule.
(c) Except as otherwise provided in this Section, the
Secretary may release highly restricted personal information
only to:
(1) officers and employees of the Secretary who have a
need to access the information for the issuance of
driver's licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) law enforcement officials for a criminal or civil
law enforcement investigation, except as restricted by
subsections (g) and (h);
(3) the State Board of Elections for the purpose of
providing the signature for completion of voter
registration; or
(4) any other entity the Secretary has authorized by
rule.

SB3596 - 13 - LRB103 39365 AWJ 69528 b
(d) Documents required to be submitted with an application
for an identification card to prove the applicant's identity
(name and date of birth), social security number or lack of a
social security number, written signature, residency, and, as
applicable, citizenship and immigration status and country of
citizenship shall be confidential and shall not be disclosed
except to the following persons:
(1) the individual to whom the identification card was
issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation, except as restricted by
subsections (g) and (h);
(4) other entities that the Secretary may authorize by
rule.
(e) The Secretary may not disclose an individual's social
security number or any associated information obtained from
the Social Security Administration without the written request
or consent of the individual except: (i) to officers and
employees of the Secretary who have a need to know the social
security number in the performance of their official duties;
(ii) except as restricted by subsections (g) and (h) to law

SB3596 - 14 - LRB103 39365 AWJ 69528 b
enforcement officials for a civil or criminal law enforcement
investigation if an officer of the law enforcement agency has
made a written request to the Secretary specifying the law
enforcement investigation for which the social security number
is being sought; (iii) under a lawful court order signed by a
judge; (iv) to the Illinois Department of Veterans' Affairs
for the purpose of confirming veteran status to agencies in
other states responsible for the issuance of state
identification cards for participation in State-to-State
verification service; or (v) the last 4 digits to the Illinois
State Board of Elections for purposes of voter registration
and as may be required pursuant to an agreement for a
multi-state voter registration list maintenance system. The
Secretary retains the right to require additional verification
regarding the validity of a request from law enforcement. If
social security information is disclosed by the Secretary in
accordance with this Section, no liability shall rest with the
Office of the Secretary of State or any of its officers or
employees, as the information is released for official
purposes only.
(f) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing an identification card to any federal,
State, or local law enforcement agency or other governmental
entity for the purpose of enforcing federal immigration laws.
This subsection shall not apply to requests from federal,

SB3596 - 15 - LRB103 39365 AWJ 69528 b
State, or local law enforcement agencies or other governmental
entities for facial recognition search services or photographs
obtained in the process of issuing a driver's license or
permit when the purpose of the request relates to criminal
activity other than violations of immigration laws.
(g) Notwithstanding any other provision of law, the
Secretary may not release highly restricted personal
information or personally identifying information or disclose
documents described in subsection (d) to any immigration
agent, as defined in Section 10 of the Illinois TRUST Act,
unless necessary to comply with the following, to the extent
that production of such information or documents is
specifically required:
(1) a lawful court order;
(2) a judicial warrant signed by a judge appointed
pursuant to Article III of the Constitution of the United
States; or
(3) a subpoena for individual records issued by a
federal or State court.
When responding to such a court order, warrant, or
subpoena, the Secretary shall disclose only those documents or
information specifically requested. Within 3 business days of
receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about
whom such information was requested that a court order,
warrant, or subpoena was received and the identity of the

SB3596 - 16 - LRB103 39365 AWJ 69528 b
entity that presented the court order, warrant, or subpoena.
As used in this subsection, "immigration agent" means an
agent of the U.S. Immigration and Customs Enforcement, the
U.S. Customs and Border Protection, or any similar or
successor agency.
(h) The Secretary shall not enter into or maintain any
agreement regarding the sharing of any highly restricted
personal information or personally identifying information or
documents described in subsection (d) unless all other parties
to such agreement certify that the information obtained will
not be used for civil immigration purposes or knowingly
disseminated to any third party for any purpose related to
civil immigration enforcement.
(Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
Section 115. The Department of Human Services Act is
amended by adding Section 1-90 as follows:
(20 ILCS 1305/1-90 new)
Sec. 1-90. Asylum Travel Expense Program.
(a) As used in this Section, "noncitizen seeking asylum"
means a noncitizen who wants to begin the process of seeking
asylum through processes required by the United States
Citizenship and Immigration Services or who has already begun
or has completed the application process of requesting asylum
required by the United States Citizenship and Immigration

SB3596 - 17 - LRB103 39365 AWJ 69528 b
Services.
(b) The Asylum Travel Expense Program is created within
the Department. The Program shall, subject to funding as
provided in subsection (c) and future appropriation, provide
noncitizens seeking asylum who are residing in Illinois
transportation and travel expenses for travel to another state
that prohibits law enforcement or other governmental agencies
from assisting the United States Immigration and Customs
Enforcement or other federal government agency with
immigration enforcement or to the country of origin of the
noncitizen seeking asylum. The Department may provide for,
using moneys from the Fund established under subsection (c),
transportation and travel expenses to relocate the noncitizen
seeking asylum to the state of choice of the noncitizen or the
country of origin of the noncitizen as allowed under this
subsection. The method of transportation selected by the
Department shall be by the cheapest means to transport the
noncitizen seeking asylum to the noncitizen's desired
destination. The Department may adopt rules to implement the
Program.
(c) On July 1, 2024, the State Comptroller shall direct
and the State Treasurer shall transfer $10,000,000 from the
General Revenue Fund into the Asylum Travel Expenses Fund, a
special fund that is created in the State treasury, and may be
expended by the Secretary of Transportation to provide
transportation and travel expenses as provided in subsection

SB3596 - 18 - LRB103 39365 AWJ 69528 b
(b).
Section 120. The State Finance Act is amended by adding
Section 5.1015 as follows:
(30 ILCS 105/5.1015 new)
Sec. 5.1015. The Asylum Travel Expenses Fund.
(305 ILCS 5/12-4.35 rep.)
Section 125. The Illinois Public Aid Code is amended by
repealing Section 12-4.35.
Section 130. The Illinois Vehicle Code is amended by
changing Section 6-110.3 as follows:
(625 ILCS 5/6-110.3)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 6-110.3. Restrictions on use of information for
certain purposes.
(a) Notwithstanding any other provision of law, the
Secretary may not release or make accessible in any manner any
highly restricted personal information as defined in Section
1-125.9 or personally identifying information as defined in
Section 1-159.2, provide images, photos, or facial recognition
services as described in Section 6-110.1, or disclose

SB3596 - 19 - LRB103 39365 AWJ 69528 b
documents as described in Section 6-110.2 to any immigration
agent as defined in Section 10 of the Illinois TRUST Act,
unless necessary to comply with the following, to the extent
that production of such information or documents is
specifically required:
(1) a lawful court order;
(2) a judicial warrant signed by a judge appointed
pursuant to Article III of the Constitution of the United
States; or
(3) a subpoena for individual records issued by a
federal or State court.
When responding to such a court order, warrant, or
subpoena, the Secretary shall disclose only those documents or
information specifically requested. Within 3 business days of
receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about
whom such information was requested that a court order,
warrant, or subpoena was received and the identity of the
entity that presented the court order, warrant, or subpoena.
As used in this subsection, "immigration agent" means an
agent of the U.S. Immigration and Customs Enforcement, the
U.S. Customs and Border Protection, or any similar or
successor agency.
(b) The Secretary shall not enter into or maintain any
agreement regarding the sharing of any highly restricted
personal information as defined in Section 1-125.9, personally

SB3596 - 20 - LRB103 39365 AWJ 69528 b
identifying information as defined in Section 1-159.2, images
or photos described in Section 6-110.1, or documents described
in Section 6-110.2 unless all other parties to such agreement
certify that the information obtained will not be used for
civil immigration purposes or knowingly disseminated to any
third party for any purpose related to civil immigration
enforcement.
(Source: P.A. 103-210, eff. 7-1-24.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.
SB3596 - 21 - LRB103 39365 AWJ 69528 b
INDEX
Statutes amended in order of appearance