Rep. Emanuel Chris Welch

Filed: 2/16/2017





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2    AMENDMENT NO. ______. Amend House Bill 426 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Immigration Safe Zones Act.
6    Section 5. Findings. The General Assembly makes the
7following findings:
8        (1) The State of Illinois is committed to ensuring that
9    all residents of this State are treated equally
10    notwithstanding race, religion, national origin, sexual
11    orientation, gender, or immigration status.
12        (2) All residents of this State are entitled to live
13    with dignity and without fear.
14        (3) Immigrants in this State should be able to live
15    full and productive lives without fear of the government.
16        (4) The General Assembly shall continue to strive to



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1    create an environment where all residents are protected to
2    the best of this State's ability.
3    Section 10. Definitions. In this Act:
4    "Appropriate personnel" means the personnel of a facility
5listed in subsection (a) of Section 15 of this Act that the
6Department of Human Services has determined, by rule, to be a
7person of authority for that facility. For a public elementary
8or secondary school, the Department shall deem "appropriate
9personnel" to be the school district's superintendent, in
10consultation with the school district's chief legal counsel.
11For an institution of higher education, the Department shall
12deem "appropriate personnel" to be the president or chancellor
13of the institution.
14    "Department" means the Department of Human Services.
15    "ICE" means the United States Immigration and Customs
16Enforcement agency of the United States Department of Homeland
17Security, the Homeland Security Investigations agency of the
18Department of Homeland Security, and any successor agency
19charged with the enforcement of civil immigration laws.
20    "Immigration issues" means issues facing immigrants
21concerning their legal status and the process of deportation.
22    Section 15. Prohibitions.
23    (a) The following entities in this State may not grant
24access to ICE or to State and local law enforcement agencies



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1acting pursuant to an agreement with ICE or undertake other
2joint efforts with federal, State, or local law enforcement
3agencies to investigate, detain, or arrest individuals for
4violation of federal immigration law, unless a court has issued
5a warrant and appropriate personnel have reviewed that warrant:
6        (1) State-funded schools, including licensed day care
7    centers, pre-schools, and other early learning programs;
8    elementary and secondary schools; and institutions of
9    higher education.
10        (2) State-funded medical treatment and health care
11    facilities, including hospitals, health clinics, emergency
12    or urgent care facilities, nursing homes, group homes for
13    persons with developmental disabilities,
14    community-integrated living arrangements, and State mental
15    health facilities.
16    (b) Employees of elementary and secondary schools in this
17State and institutions of higher education in this State shall
18be prohibited from asking about a student's immigration status
19or that of the student's family members, except in cases of
20in-State or in-district tuition verification, scholarships,
21grants, or services that are contingent upon this information.
22    Section 20. Training. In accordance with rules adopted by
23the Department, the Department shall provide training or make
24training available from a source with expertise in immigration
25to teachers, administrators, and other staff of elementary and



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1secondary schools in this State, as well as to staff of medical
2treatment and health care facilities, on how to deal with
3immigration issues and how to notify families of those issues
4in multiple languages. Training in how to deal with immigration
5issues may include, but is not limited to, providing
6information regarding the legal rights of immigrants,
7explaining the process of deportation, assisting in finding
8resources available to help immigrants, and anything else the
9Department determines by rule.
10    Section 25. Assistance. The appropriate personnel of a
11facility listed in subsection (a) of Section 15 of this Act
12shall develop a plan within 90 days after the effective date of
13this Act to provide assistance, information, and safety to
14persons who are concerned about the government's immigration
15enforcement efforts.
16    Section 30. Removal of file information. Beginning on the
17effective date of this Act, all applications, questionnaires,
18and interview forms used in relation to benefits,
19opportunities, or services provided by a State agency or
20in-State or in-district tuition verification, scholarships,
21grants, or services provided by a public elementary or
22secondary school or public institution of higher education must
23be promptly reviewed by that State agency, school, or
24institution, and any questions regarding citizenship or



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1immigration status, other than those required by statute,
2ordinance, federal law, or court order, must be removed within
360 days after the effective date of this Act. Sixty days after
4the effective date of this Act, no applications,
5questionnaires, or interview forms used in relation to
6benefits, opportunities, or services provided by a State agency
7or in-State or in-district tuition verification, scholarships,
8grants, or services provided by a public elementary or
9secondary school or public institution of higher education may
10contain any questions regarding citizenship or immigration
11status, other than those required by statute, ordinance,
12federal law, or court order.
13    Section 90. Rules. The Department shall adopt any rules
14necessary to implement this Act.
15    Section 97. Severability. The provisions of this Act are
16severable under Section 1.31 of the Statute on Statutes.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".