Illinois-2023-SB3596-Introduced

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.

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A BILL FOR

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1 AN ACT concerning government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Immigration Enforcement Act.

6 Section 5. Definitions. As used in this Act:

7 "Immigration detainer is facially sufficient" means: (i)

8 the federal immigration agency's official form is incomplete

9 and fails to indicate on its face that the federal immigration

10 official has probable cause to believe that the person to be

11 detained is a removable alien under federal immigration law

12 but is supported by an affidavit, order, or other official

13 documentation that indicates that the federal immigration

14 agency has probable cause to believe that the person to be

15 detained is a removable alien under federal immigration law

16 and the federal immigration agency supplies with its detention

17 request a Form I-200 Warrant for Arrest of Alien, a Form I-205

18 Warrant of Removal/Deportation, a successor warrant, or other

19 warrant authorized by federal law; or (ii) the federal

20 immigration agency's official form is complete and indicates

21 on its face that the federal immigration official has probable

22 cause to believe that the person to be detained is a removable

23 alien under federal immigration law.

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1 "Law enforcement agency" means any entity with statutory

2 police powers and the ability to employ individuals authorized

3 to make arrests, including local and State agencies.

4 "Local entity" means a unit of local government, a school

5 district, or a community college district.

6 "State entity" means the State of Illinois and all of its

7 agencies, State universities and colleges, and all corporate

8 outgrowths of the State.

9 Section 10. Prohibited policies regarding immigration

10 enforcement. A State entity, local entity, or law enforcement

11 agency may not adopt or maintain a law, ordinance, resolution,

12 rule, regulation, policy, directive, order, practice, or

13 procedure, formal or informal, written or unwritten, that

14 prohibits or materially restricts the State entity, local

15 entity, or law enforcement agency from complying with or

16 assisting in the enforcement of immigration laws. This

17 includes prohibitions or restrictions on:

18 (1) inquiries into the immigration status of any

19 person;

20 (2) transmitting, requesting, or receiving information

21 relating to immigration status, lawful or unlawful, of any

22 person to or from any federal immigration enforcement

23 agency;

24 (3) maintaining, archiving, or otherwise storing for

25 subsequent use information relating to an individual's

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1 immigration status;

2 (4) exchanging information relating to immigration

3 status with another law enforcement agency, local entity,

4 State entity, or a federal immigration agency;

5 (5) complying with an immigration detainer, including,

6 but not limited to, refusing to cooperate or comply with a

7 lawfully issued detainer in the absence of a warrant or

8 other order directing compliance with or enforcement of

9 such a detainer;

10 (6) complying with a request from a federal

11 immigration agency to notify the agency before the release

12 of an inmate;

13 (7) providing a federal immigration agency with an

14 inmate's incarceration status or release date;

15 (8) assisting or cooperating with a federal

16 immigration agency, including by providing enforcement

17 assistance;

18 (9) participating in any program or agreement

19 authorized under Section 287 of the federal Immigration

20 and Nationality Act (8 U.S.C. 1357); or

21 (10) permitting a federal immigration officer to enter

22 and conduct enforcement activities at a municipal jail,

23 county jail, or Division of Corrections or rehabilitation

24 facility involving or related to the enforcement of

25 federal immigration laws.

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1 Section 15. Mandatory duties of law enforcement agencies

2 regarding immigration detainers.

3 (a) A law enforcement agency that takes initial custody of

4 a person subject to an immigration detainer shall:

5 (1) provide notice to the court authorized to grant or

6 deny the person's release on bail or bond that the person

7 is subject to an immigration detainer;

8 (2) record in the person's case file that the person

9 is subject to an immigration detainer; and

10 (3) upon determining that the immigration detainer is

11 facially sufficient, comply with the requests made in the

12 immigration detainer to the extent required by law.

13 (b) A law enforcement agency is not required to perform a

14 duty imposed by subsection (a) with respect to a person who has

15 been transferred to the custody of the agency by another law

16 enforcement agency subject to the requirements of this

17 section.

18 (c) A court of competent jurisdiction that receives notice

19 that a person is subject to an immigration detainer shall

20 record this information in the court record, regardless of

21 whether the notice is received before or after a judgment in

22 the case.

23 Section 20. Mandatory agreements for housing persons

24 subject to immigration detainers.

25 (a) Each county jail, municipal jail, and the Department

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1 of Corrections shall enter into an agreement with a federal

2 immigration agency for temporarily housing persons who are the

3 subject of immigration detainers and for the payment of the

4 costs of housing and detaining those persons.

5 (b) A agreement under this Section must include a contract

6 with a federal immigration agency for housing or detaining

7 persons subject to immigration detainers, such as basic

8 ordering agreements, intergovernmental service agreements,

9 agreements authorized by Section 287 of the federal

10 Immigration and Nationality Act (8 U.S.C. 1357), successor

11 agreements, or other similar agreements authorized by federal

12 law.

13 Section 25. Implementation; discrimination prohibited.

14 (a) This Act shall be implemented in a manner consistent

15 with federal laws and regulations governing immigration,

16 protecting the civil rights of all persons, and respecting the

17 privileges and immunities of United States citizens.

18 (b) A State entity, local entity, or law enforcement

19 agency and a person employed by or otherwise under the

20 direction or control of a State entity, local entity, or law

21 enforcement agency may not base the entity's, agency's, or

22 person's actions under this Act on the gender, race, color,

23 religion, language, national origin, or physical disability of

24 a person except to the extent authorized by the United States

25 Constitution, the constitution and laws of this State, or

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1 other applicable federal law.

2 Section 30. Home rule. The regulation of immigration

3 enforcement is an exclusive power and function of the State. A

4 home rule unit may not regulate immigration enforcement. This

5 Act is a denial and limitation of home rule powers and

6 functions under subsection (h) of Section 6 of Article VII of

7 the Illinois Constitution.

8 (5 ILCS 100/5-45.37 rep.)

9 Section 100. The Illinois Administrative Procedure Act is

10 amended by repealing Section 5-45.37.

11 (5 ILCS 805/Act rep.)

12 Section 105. The Illinois TRUST Act is repealed.

13 Section 110. The Illinois Identification Card Act is

14 amended by changing Section 11 as follows:

15 (15 ILCS 335/11) (from Ch. 124, par. 31)

16 (Text of Section before amendment by P.A. 103-210)

17 Sec. 11. Records.

18 (a) The Secretary may make a search of his records and

19 furnish information as to whether a person has a current

20 Standard Illinois Identification Card or an Illinois Person

21 with a Disability Identification Card then on file, upon

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1 receipt of a written application therefor accompanied with the

2 prescribed fee. However, the Secretary may not disclose

3 medical information concerning an individual to any person,

4 public agency, private agency, corporation or governmental

5 body unless the individual has submitted a written request for

6 the information or unless the individual has given prior

7 written consent for the release of the information to a

8 specific person or entity. This exception shall not apply to:

9 (1) offices and employees of the Secretary who have a need to

10 know the medical information in performance of their official

11 duties, or (2) orders of a court of competent jurisdiction.

12 When medical information is disclosed by the Secretary in

13 accordance with the provisions of this Section, no liability

14 shall rest with the Office of the Secretary of State as the

15 information is released for informational purposes only.

16 (b) Except as otherwise provided in this Section, the

17 Secretary may release personally identifying information only

18 to:

19 (1) officers and employees of the Secretary who have a

20 need to know that information for issuance of driver's

21 licenses, permits, or identification cards and

22 investigation of fraud or misconduct;

23 (2) other governmental agencies for use in their

24 official governmental functions;

25 (3) law enforcement agencies for a criminal or civil

26 investigation;

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1 (3-5) the State Board of Elections as may be required

2 by an agreement the State Board of Elections has entered

3 into with a multi-state voter registration list

4 maintenance system; or

5 (4) any entity that the Secretary has authorized, by

6 rule.

7 (c) Except as otherwise provided in this Section, the

8 Secretary may release highly restricted personal information

9 only to:

10 (1) officers and employees of the Secretary who have a

11 need to access the information for the issuance of

12 driver's licenses, permits, or identification cards and

13 investigation of fraud or misconduct;

14 (2) law enforcement officials for a criminal or civil

15 law enforcement investigation;

16 (3) the State Board of Elections for the purpose of

17 providing the signature for completion of voter

18 registration; or

19 (4) any other entity the Secretary has authorized by

20 rule.

21 (d) Documents required to be submitted with an application

22 for an identification card to prove the applicant's identity

23 (name and date of birth), social security number, written

24 signature, residency, and, as applicable, proof of lawful

25 status shall be confidential and shall not be disclosed except

26 to the following persons:

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1 (1) the individual to whom the identification card was

2 issued, upon written request;

3 (2) officers and employees of the Secretary of State

4 who have a need to have access to the stored images for

5 purposes of issuing and controlling driver's licenses,

6 permits, or identification cards and investigation of

7 fraud or misconduct;

8 (3) law enforcement officials for a civil or criminal

9 law enforcement investigation;

10 (4) other entities that the Secretary may authorize by

11 rule.

12 (e) The Secretary may not disclose an individual's social

13 security number or any associated information obtained from

14 the Social Security Administration without the written request

15 or consent of the individual except: (i) to officers and

16 employees of the Secretary who have a need to know the social

17 security number in the performance of their official duties;

18 (ii) to law enforcement officials for a civil or criminal law

19 enforcement investigation if an officer of the law enforcement

20 agency has made a written request to the Secretary specifying

21 the law enforcement investigation for which the social

22 security number is being sought; (iii) under a lawful court

23 order signed by a judge; (iv) to the Illinois Department of

24 Veterans' Affairs for the purpose of confirming veteran status

25 to agencies in other states responsible for the issuance of

26 state identification cards for participation in State-to-State

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1 verification service; or (v) the last 4 digits to the Illinois

2 State Board of Elections for purposes of voter registration

3 and as may be required pursuant to an agreement for a

4 multi-state voter registration list maintenance system. The

5 Secretary retains the right to require additional verification

6 regarding the validity of a request from law enforcement. If

7 social security information is disclosed by the Secretary in

8 accordance with this Section, no liability shall rest with the

9 Office of the Secretary of State or any of its officers or

10 employees, as the information is released for official

11 purposes only.

12 (f) The Secretary of State shall not provide facial

13 recognition search services or photographs obtained in the

14 process of issuing an identification card to any federal,

15 State, or local law enforcement agency or other governmental

16 entity for the purpose of enforcing federal immigration laws.

17 This subsection shall not apply to requests from federal,

18 State, or local law enforcement agencies or other governmental

19 entities for facial recognition search services or photographs

20 obtained in the process of issuing a driver's license or

21 permit when the purpose of the request relates to criminal

22 activity other than violations of immigration laws.

23 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)

24 (Text of Section after amendment by P.A. 103-210)

25 Sec. 11. Records.

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1 (a) The Secretary may make a search of his records and

2 furnish information as to whether a person has a current

3 Standard Illinois Identification Card or an Illinois Person

4 with a Disability Identification Card then on file, upon

5 receipt of a written application therefor accompanied with the

6 prescribed fee. However, the Secretary may not disclose

7 medical information concerning an individual to any person,

8 public agency, private agency, corporation or governmental

9 body unless the individual has submitted a written request for

10 the information or unless the individual has given prior

11 written consent for the release of the information to a

12 specific person or entity. This exception shall not apply to:

13 (1) offices and employees of the Secretary who have a need to

14 know the medical information in performance of their official

15 duties, or (2) orders of a court of competent jurisdiction.

16 When medical information is disclosed by the Secretary in

17 accordance with the provisions of this Section, no liability

18 shall rest with the Office of the Secretary of State as the

19 information is released for informational purposes only.

20 (b) Except as otherwise provided in this Section, the

21 Secretary may release personally identifying information only

22 to:

23 (1) officers and employees of the Secretary who have a

24 need to know that information for issuance of driver's

25 licenses, permits, or identification cards and

26 investigation of fraud or misconduct;

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1 (2) other governmental agencies for use in their

2 official governmental functions;

3 (3) law enforcement agencies for a criminal or civil

4 investigation, except as restricted by subsections (g) and

5 (h);

6 (3-5) the State Board of Elections as may be required

7 by an agreement the State Board of Elections has entered

8 into with a multi-state voter registration list

9 maintenance system; or

10 (4) any entity that the Secretary has authorized, by

11 rule.

12 (c) Except as otherwise provided in this Section, the

13 Secretary may release highly restricted personal information

14 only to:

15 (1) officers and employees of the Secretary who have a

16 need to access the information for the issuance of

17 driver's licenses, permits, or identification cards and

18 investigation of fraud or misconduct;

19 (2) law enforcement officials for a criminal or civil

20 law enforcement investigation, except as restricted by

21 subsections (g) and (h);

22 (3) the State Board of Elections for the purpose of

23 providing the signature for completion of voter

24 registration; or

25 (4) any other entity the Secretary has authorized by

26 rule.

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1 (d) Documents required to be submitted with an application

2 for an identification card to prove the applicant's identity

3 (name and date of birth), social security number or lack of a

4 social security number, written signature, residency, and, as

5 applicable, citizenship and immigration status and country of

6 citizenship shall be confidential and shall not be disclosed

7 except to the following persons:

8 (1) the individual to whom the identification card was

9 issued, upon written request;

10 (2) officers and employees of the Secretary of State

11 who have a need to have access to the stored images for

12 purposes of issuing and controlling driver's licenses,

13 permits, or identification cards and investigation of

14 fraud or misconduct;

15 (3) law enforcement officials for a civil or criminal

16 law enforcement investigation, except as restricted by

17 subsections (g) and (h);

18 (4) other entities that the Secretary may authorize by

19 rule.

20 (e) The Secretary may not disclose an individual's social

21 security number or any associated information obtained from

22 the Social Security Administration without the written request

23 or consent of the individual except: (i) to officers and

24 employees of the Secretary who have a need to know the social

25 security number in the performance of their official duties;

26 (ii) except as restricted by subsections (g) and (h) to law

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1 enforcement officials for a civil or criminal law enforcement

2 investigation if an officer of the law enforcement agency has

3 made a written request to the Secretary specifying the law

4 enforcement investigation for which the social security number

5 is being sought; (iii) under a lawful court order signed by a

6 judge; (iv) to the Illinois Department of Veterans' Affairs

7 for the purpose of confirming veteran status to agencies in

8 other states responsible for the issuance of state

9 identification cards for participation in State-to-State

10 verification service; or (v) the last 4 digits to the Illinois

11 State Board of Elections for purposes of voter registration

12 and as may be required pursuant to an agreement for a

13 multi-state voter registration list maintenance system. The

14 Secretary retains the right to require additional verification

15 regarding the validity of a request from law enforcement. If

16 social security information is disclosed by the Secretary in

17 accordance with this Section, no liability shall rest with the

18 Office of the Secretary of State or any of its officers or

19 employees, as the information is released for official

20 purposes only.

21 (f) The Secretary of State shall not provide facial

22 recognition search services or photographs obtained in the

23 process of issuing an identification card to any federal,

24 State, or local law enforcement agency or other governmental

25 entity for the purpose of enforcing federal immigration laws.

26 This subsection shall not apply to requests from federal,

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1 State, or local law enforcement agencies or other governmental

2 entities for facial recognition search services or photographs

3 obtained in the process of issuing a driver's license or

4 permit when the purpose of the request relates to criminal

5 activity other than violations of immigration laws.

6 (g) Notwithstanding any other provision of law, the

7 Secretary may not release highly restricted personal

8 information or personally identifying information or disclose

9 documents described in subsection (d) to any immigration

10 agent~~, as defined in Section 10 of the Illinois TRUST Act,~~

11 unless necessary to comply with the following, to the extent

12 that production of such information or documents is

13 specifically required:

14 (1) a lawful court order;

15 (2) a judicial warrant signed by a judge appointed

16 pursuant to Article III of the Constitution of the United

17 States; or

18 (3) a subpoena for individual records issued by a

19 federal or State court.

20 When responding to such a court order, warrant, or

21 subpoena, the Secretary shall disclose only those documents or

22 information specifically requested. Within 3 business days of

23 receiving such a court order, warrant, or subpoena, the

24 Secretary shall send a notification to the individual about

25 whom such information was requested that a court order,

26 warrant, or subpoena was received and the identity of the

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1 entity that presented the court order, warrant, or subpoena.

2 As used in this subsection, "immigration agent" means an

3 agent of the U.S. Immigration and Customs Enforcement, the

4 U.S. Customs and Border Protection, or any similar or

5 successor agency.

6 (h) The Secretary shall not enter into or maintain any

7 agreement regarding the sharing of any highly restricted

8 personal information or personally identifying information or

9 documents described in subsection (d) unless all other parties

10 to such agreement certify that the information obtained will

11 not be used for civil immigration purposes or knowingly

12 disseminated to any third party for any purpose related to

13 civil immigration enforcement.

14 (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)

15 Section 115. The Department of Human Services Act is

16 amended by adding Section 1-90 as follows:

17 (20 ILCS 1305/1-90 new)

18 Sec. 1-90. Asylum Travel Expense Program.

19 (a) As used in this Section, "noncitizen seeking asylum"

20 means a noncitizen who wants to begin the process of seeking

21 asylum through processes required by the United States

22 Citizenship and Immigration Services or who has already begun

23 or has completed the application process of requesting asylum

24 required by the United States Citizenship and Immigration

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1 Services.

2 (b) The Asylum Travel Expense Program is created within

3 the Department. The Program shall, subject to funding as

4 provided in subsection (c) and future appropriation, provide

5 noncitizens seeking asylum who are residing in Illinois

6 transportation and travel expenses for travel to another state

7 that prohibits law enforcement or other governmental agencies

8 from assisting the United States Immigration and Customs

9 Enforcement or other federal government agency with

10 immigration enforcement or to the country of origin of the

11 noncitizen seeking asylum. The Department may provide for,

12 using moneys from the Fund established under subsection (c),

13 transportation and travel expenses to relocate the noncitizen

14 seeking asylum to the state of choice of the noncitizen or the

15 country of origin of the noncitizen as allowed under this

16 subsection. The method of transportation selected by the

17 Department shall be by the cheapest means to transport the

18 noncitizen seeking asylum to the noncitizen's desired

19 destination. The Department may adopt rules to implement the

20 Program.

21 (c) On July 1, 2024, the State Comptroller shall direct

22 and the State Treasurer shall transfer $10,000,000 from the

23 General Revenue Fund into the Asylum Travel Expenses Fund, a

24 special fund that is created in the State treasury, and may be

25 expended by the Secretary of Transportation to provide

26 transportation and travel expenses as provided in subsection

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1 (b).

2 Section 120. The State Finance Act is amended by adding

3 Section 5.1015 as follows:

4 (30 ILCS 105/5.1015 new)

5 Sec. 5.1015. The Asylum Travel Expenses Fund.

6 (305 ILCS 5/12-4.35 rep.)

7 Section 125. The Illinois Public Aid Code is amended by

8 repealing Section 12-4.35.

9 Section 130. The Illinois Vehicle Code is amended by

10 changing Section 6-110.3 as follows:

11 (625 ILCS 5/6-110.3)

12 (This Section may contain text from a Public Act with a

13 delayed effective date)

14 Sec. 6-110.3. Restrictions on use of information for

15 certain purposes.

16 (a) Notwithstanding any other provision of law, the

17 Secretary may not release or make accessible in any manner any

18 highly restricted personal information as defined in Section

19 1-125.9 or personally identifying information as defined in

20 Section 1-159.2, provide images, photos, or facial recognition

21 services as described in Section 6-110.1, or disclose

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1 documents as described in Section 6-110.2 to any immigration

2 agent ~~as defined in Section 10 of the Illinois TRUST Act,~~

3 unless necessary to comply with the following, to the extent

4 that production of such information or documents is

5 specifically required:

6 (1) a lawful court order;

7 (2) a judicial warrant signed by a judge appointed

8 pursuant to Article III of the Constitution of the United

9 States; or

10 (3) a subpoena for individual records issued by a

11 federal or State court.

12 When responding to such a court order, warrant, or

13 subpoena, the Secretary shall disclose only those documents or

14 information specifically requested. Within 3 business days of

15 receiving such a court order, warrant, or subpoena, the

16 Secretary shall send a notification to the individual about

17 whom such information was requested that a court order,

18 warrant, or subpoena was received and the identity of the

19 entity that presented the court order, warrant, or subpoena.

20 As used in this subsection, "immigration agent" means an

21 agent of the U.S. Immigration and Customs Enforcement, the

22 U.S. Customs and Border Protection, or any similar or

23 successor agency.

24 (b) The Secretary shall not enter into or maintain any

25 agreement regarding the sharing of any highly restricted

26 personal information as defined in Section 1-125.9, personally

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1 identifying information as defined in Section 1-159.2, images

2 or photos described in Section 6-110.1, or documents described

3 in Section 6-110.2 unless all other parties to such agreement

4 certify that the information obtained will not be used for

5 civil immigration purposes or knowingly disseminated to any

6 third party for any purpose related to civil immigration

7 enforcement.

8 (Source: P.A. 103-210, eff. 7-1-24.)

9 Section 995. No acceleration or delay. Where this Act

10 makes changes in a statute that is represented in this Act by

11 text that is not yet or no longer in effect (for example, a

12 Section represented by multiple versions), the use of that

13 text does not accelerate or delay the taking effect of (i) the

14 changes made by this Act or (ii) provisions derived from any

15 other Public Act.

16 Section 999. Effective date. This Act takes effect upon

17 becoming law.

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INDEX

Statutes amended in order of appearance