HB4142 96TH GENERAL ASSEMBLY

LRB096 08019 KTG 18124 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4142

Introduced 2/27/2009, by Rep. Harry R. Ramey, Jr.

SYNOPSIS AS INTRODUCED:

See Index

Creates the Taxpayer and Citizen Protection Act and amends various Acts. Prohibits the transportation or concealment of illegal aliens, and makes a violation a Class 4 felony. Provides that an educational institution may issue an identification card only to a United States Citizen or national or a legal permanent resident alien; provides for exceptions. Requires State and local agencies to verify (i) the federal employment authorization status of all new employees and (ii) the lawful presence in the U.S. of applicants for public benefits. Directs the Attorney General to negotiate the terms of a Memorandum of Understanding between the State of Illinois and the federal government concerning the enforcement of federal immigration and customs laws in this State. Provides that an individual who is not lawfully present in the U.S. is not eligible for certain postsecondary education benefits. Provides that the Secretary of State may issue an Illinois Identification Card or driver's license or permit only to a United States Citizen or national or a legal permanent resident alien, with exceptions. Provides for withholding of Illinois income tax in connection with a failure to verify federal employment authorization. Requires a determination of the citizenship status of a person charged with a felony or DUI and confined in a municipal or county jail. Makes changes concerning an in-state tuition charge for non-citizen college and university students. Makes it a civil rights violation for an employer to discharge a U.S. citizen or permanent resident alien while retaining an unauthorized alien hired after July 1, 2010. Makes other changes.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning foreign nationals.

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 Taxpayer and Citizen Protection Act.

Section 5. Legislative findings. The General Assembly finds that illegal immigration is causing economic hardship and lawlessness in this State and that illegal immigration is encouraged when public agencies within this State provide public benefits without verifying immigration status. The General Assembly further finds that when illegal immigrants have been harbored and sheltered in this State and encouraged to reside in this State through the issuance of identification cards that are issued without verifying immigration status, these practices impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Illinois. Therefore, the General Assembly declares that it is a compelling public interest of this State to discourage illegal immigration by requiring all agencies within this State to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The General Assembly also finds that other measures are necessary to ensure the integrity of various governmental programs and services.

Section 10. Transportation or concealment of foreign nationals; criminal offense.

(a) It is unlawful for any person to transport, move, or attempt to transport in the State of Illinois any alien knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, in furtherance of the illegal presence of the alien in the United States.

(b) It is unlawful for any person to conceal, harbor, or shelter from detection any alien in any place within the State of Illinois, including any building or means of transportation, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law.

(C) Nothing in this Section shall be construed so as to prohibit or restrict the provision of any State or local public benefit described in 8 U.S.C. 1621(b) or regulated public health services provided by a private charity using private funds.

(D) A person who violates the provisions of subsection (a) or (b) commits a Class 4 felony.

Section 15. Public or private schools, colleges, or universities; identification documents.

(a) An identification document, including an identification card, issued by a public or private elementary or secondary school, college, university, or technical or trade school to identify the bearer as an administrator, faculty member, student, or employee may be issued only to a United States citizen or national or a legal permanent resident alien.

(b) The provisions of subsection (a) do not apply when an applicant presents, in person, valid documentary evidence of one of the following:

(1) A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States.

(2) A pending or approved application for asylum in the United States.

(3) Admission into the United States in refugee status.

(4) A pending or approved application for temporary protected status in the United States.

(5) Approved deferred action status.

(6) A pending application for adjustment of status to legal permanent residence status or conditional resident status.

Upon approval, the applicant may be issued an identification document. The identification document shall be valid only during the period of time of the authorized stay of the applicant in the United States or, if there is no definite end to the period of authorized stay, a period of one year. Any identification document issued pursuant to the provisions of this subsection shall clearly indicate that it is temporary and shall state the date that the identification document expires.

The identification document may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the identification document has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.

(c) The provisions of subsection (a) do not apply to an identification document that is only valid for use on the campus or facility of that educational institution and includes a statement of that restricted validity clearly and conspicuously printed upon the face of the identification document.

Section 20. Employers; citizenship or immigration status verification.

(a) In this Section:

"Status Verification System" means an electronic system operated by the federal government, through which an authorized official of an agency of the State of Illinois or of a political subdivision of this State may make an inquiry, by exercise of authority delegated pursuant to 8 U.S.C. 1373, to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by this Section. The Status Verification System shall be deemed to include any of the following:

(1) The electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a), 8 U.S.C. 1324a, and operated by the United States Department of Homeland Security, known as the Basic Pilot Program or E-verify.

(2) Any equivalent federal program designated by the United States Department of Homeland Security or any other federal agency authorized to verify the work eligibility status of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603.

(3) Any other independent, third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in this paragraph.

(4) The Social Security Number Verification Service, or a similar online verification process implemented by the United States Social Security Administration.

"Public employer" means every department, agency, or instrumentality of this State or a political subdivision of this State.

"Subcontractor" means a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.

"Unauthorized alien" means an alien as defined in 8 U.S.C. 1324a(h)(3).

(b) Except as provided in subsection (f), every public employer must register with and utilize a Status Verification System as described in paragraph (1) or (2) of the definition of "Status Verification System" in subsection (a) to verify the federal employment authorization status of all new employees.

(c) Except as provided in subsection (f), after July 1, 2010, a public employer may not enter into a contract for the physical performance of services within this State unless the contractor registers and participates in the Status Verification System to verify the work eligibility status of all new employees.

(d) Except as provided in subsection (f), after July 1, 2010, a contractor or subcontractor who enters into a contract with a public employer may not enter into such a contract or subcontract in connection with the physical performance of services within this State unless the contractor or subcontractor registers and participates in the Status Verification System to verify information of all new employees.

(e) This Section does not apply to any contract entered into before the effective date of this Act even though such a contract may involve the physical performance of services within this State after July 1, 2010.

Section 25. Public benefits; verification of lawful presence in U.S.

(a) Except as provided in subsection (c) of this Section or unless exempted by federal law, every agency or a political subdivision of this State shall verify the lawful presence in the United States of any natural person 14 years of age or older who has applied for State or local public benefits, as defined in 8 U.S.C. 1621, or for federal public benefits, as defined in 8 U.S.C. 1611, that are administered by an agency or a political subdivision of this State.

(b) The provisions of this Section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

(c) Verification of lawful presence under the provisions of this Section is not required:

(1) For any purpose for which lawful presence in the United States is not restricted by law, ordinance, or regulation.

(2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure.

(3) For short-term, noncash, in-kind emergency disaster relief.

(4) For public health assistance for immunizations with respect to diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease.

(5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the sole and unreviewable discretion of the United States Attorney General after consultation with appropriate federal agencies and departments, that meet all of the following requirements:

(A) They deliver in-kind services at the community level, including through public or private nonprofit agencies.

(B) They do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the income or resources of the individual recipient.

(C) They are necessary for the protection of life or safety.

(d) Verification of lawful presence in the United States by the agency or political subdivision required to make that verification shall require that the applicant execute an affidavit under penalty of perjury that (i) he or she is a United States citizen or (ii) he or she is a qualified alien under the federal Immigration and Nationality Act and is lawfully present in the United States. The agency or political subdivision providing the State or local public benefits shall provide notary public services at no cost to the applicant.

(e) For any applicant who has executed the affidavit described in item (ii) of subsection (d), eligibility for benefits shall be verified through the Systematic Alien Verification for Entitlements (SAVE) Program operated by the United States Department of Homeland Security or an equivalent program designated by the United States Department of Homeland Security. Until that eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Section.

(f) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) is subject to criminal penalties applicable in this State for fraudulently obtaining public assistance program benefits. If the affidavit constitutes a false claim of U.S. citizenship under 18 U.S.C. 911, a complaint shall be filed by the agency requiring the affidavit with the United States Attorney General for the applicable district based upon the venue in which the affidavit was executed.

(g) Agencies or political subdivisions of this State may adopt variations to the requirements of the provisions of this Section that demonstrably improve the efficiency or reduce delay in the verification process or that provide for adjudication of unique individual circumstances where the verification procedures in this Section would impose unusual hardship on a legal resident of Illinois.

(h) It is unlawful for any agency or a political subdivision of this State to provide any State, local, or federal benefit, as defined in 8 U.S.C. 1621 or 8 U.S.C. 1611, in violation of the provisions of this Section.

(i) Each State agency that administers any program of State or local public benefits shall provide an annual report to the Governor and to the General Assembly with respect to its compliance with the provisions of this Section. Each agency shall monitor the Systematic Alien Verification for Entitlements Program for application verification errors and significant delays and shall provide an annual public report on those errors and significant delays and recommendations to ensure that the application of the Systematic Alien Verification of Entitlements Program is not erroneously denying benefits to legal residents of Illinois. Errors shall also be reported to the United States Department of Homeland Security by each agency.

Section 30. Enforcement of immigration laws.

(a) The Attorney General is authorized and directed to negotiate the terms of a Memorandum of Understanding between the State of Illinois and the United States Department of Justice or the United States Department of Homeland Security, as provided by 8 U.S.C. 1357(g), concerning the enforcement of federal immigration and customs laws, detention and removals, and investigations in the State of Illinois.

(b) The Memorandum of Understanding negotiated pursuant to subsection (a) shall be signed on behalf of this State by the Attorney General and the Governor or as otherwise required by the appropriate federal agency.

(c) No unit of local government, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this State.

(d) Notwithstanding any other provision of law, no government entity or official within the State of Illinois may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the United States Department of Homeland Security information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

(e) Notwithstanding any other provision of law, no person or agency may prohibit, or in any way restrict, a public employee from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:

(1) Sending such information to, or requesting or receiving such information from, the United States Department of Homeland Security.

(2) Maintaining such information.

(3) Exchanging such information with any other federal, State, or local government entity.

(f) The provisions of this Section shall allow for a private right of action by any natural or legal person lawfully domiciled in this State to file for a writ of mandamus to compel any noncooperating local or State governmental agency to comply with the reporting laws set forth or described in this Section.

Section 35. Post-secondary education benefits.

(a) Except as otherwise provided by law, an individual who is not lawfully present in the United States is not eligible on the basis of residence within this State for:

(1) Any postsecondary education benefit, including, but not limited to, scholarships, grants, loans, or other financial aid.

(2) An in-state tuition charge.

(b) The provisions of subsection (a) do not apply to a student enrolled in a degree program at a public postsecondary educational institution within Illinois during the 2009-2010 school year or any prior year who was charged in-state tuition at that institution.

Section 40. State Police; Fraudulent Documents Identification Unit. Subject to the availability of funding, the Department of State Police shall establish a Fraudulent Documents Identification (FDI) Unit for the primary purpose of investigating and apprehending persons or entities that participate in the sale or distribution of fraudulent documents used for identification purposes. The unit shall additionally specialize in fraudulent identification documents created and prepared for persons who are unlawfully residing within the State of Illinois. The Department shall employ sufficient employees to investigate and implement an FDI Unit.

Section 900. The Illinois Identification Card Act is amended by adding Section 13A as follows:

(15 ILCS 335/13A new)

Sec. 13A. Restrictions on issuance to foreign nationals.

(a) The Secretary of State shall issue an Illinois Identification Card only to a United States citizen or national or a legal permanent resident alien.

(b) The provisions of subsection (a) do not apply when an applicant presents, in person, valid documentary evidence of any of the following:

(1) A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States.

(2) A pending or approved application for asylum in the United States.

(3) Admission into the United States in refugee status.

(4) A pending or approved application for temporary protected status in the United States.

(5) Approved deferred action status.

(6) A pending application for adjustment of status to legal permanent residence status or conditional resident status.

(c) Upon approval, the applicant may be issued an Illinois Identification Card. The identification card shall be valid only during the period of time of the authorized stay of the applicant in the United States or, if there is no definite end to the period of authorized stay, a period of one year. Any identification card issued pursuant to this subsection shall clearly indicate that it is temporary and shall state the date that the identification card expires.

(d) The identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the identification card has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.

Section 905. The Illinois Income Tax Act is amended by adding Section 701.5 as follows:

(35 ILCS 5/701.5 new)

Sec. 701.5. Employment of foreign nationals.

(a) If an individual independent contractor, contracting for the physical performance of services in this State, fails to provide to the contracting entity documentation to verify the independent contractor's employment authorization, pursuant to the prohibition against the use of unauthorized alien labor through contract set forth in 8 U.S.C. 1324a(a)(4), the contracting entity shall withhold tax under this Act from compensation paid to the individual independent contractor for the performance of services within this State that exceeds the minimum amount of compensation the contracting entity is required to report as income on United States Internal Revenue Service Form 1099. A contracting entity that fails to comply with the withholding requirements of this subsection is liable for the taxes required to have been withheld unless (i) the contracting entity is exempt from federal withholding with respect to the individual independent contractor pursuant to a properly filed Internal Revenue Service Form 8233 or its equivalent or (ii) Section 706 of this Code applies.

(b) Nothing in this Section is intended to create, or should be construed as creating, an employer-employee relationship between a contracting entity and an individual independent contractor.

Section 910. The Illinois Municipal Code is amended by adding Section 11-3-3 as follows:

(65 ILCS 5/11-3-3 new)

Sec. 11-3-3. Determination of prisoner's citizenship status.

(a) When a person charged with a felony or with an offense under Section 11-501 of the Illinois Vehicle Code is confined, for any period, in the jail of a municipality, a determination of the citizenship status of the person so confined shall be made.

(b) If the prisoner is a foreign national, the keeper of the jail or other officer shall verify that the prisoner has been lawfully admitted to the United States and, if lawfully admitted, that the lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the lawful immigration status of the prisoner cannot be verified, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.

Section 915. The University of Illinois Act is amended by changing Section 7e-5 as follows:

(110 ILCS 305/7e-5)

Sec. 7e-5. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) If a student cannot present to the University valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the University stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the University; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the University; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the University's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the University on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) If a person is on active military duty and stationed in Illinois, then the Board of Trustees shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board of Trustees shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 920. The Southern Illinois University Management Act is amended by changing Section 8d-5 as follows:

(110 ILCS 520/8d-5)

Sec. 8d-5. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) If a student cannot present to the University valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the University stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the University; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the University; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the University's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the University on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 925. The Chicago State University Law is amended by changing Section 5-88 as follows:

(110 ILCS 660/5-88)

Sec. 5-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) If a student cannot present to the University valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the University stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the University; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the University; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the University's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the University on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 930. The Eastern Illinois University Law is amended by changing Section 10-88 as follows:

(110 ILCS 665/10-88)

Sec. 10-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) If a student cannot present to the University valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the University stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the University; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the University; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the University's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the University on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 935. The Governors State University Law is amended by changing Section 15-88 as follows:

(110 ILCS 670/15-88)

Sec. 15-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) If a student cannot present to the University valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the University stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the University; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the University; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the University's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the University on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 940. The Illinois State University Law is amended by changing Section 20-88 as follows:

(110 ILCS 675/20-88)

Sec. 20-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) If a student cannot present to the University valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the University stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the University; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the University; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the University's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the University on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 945. The Northeastern Illinois University Law is amended by changing Section 25-88 as follows:

(110 ILCS 680/25-88)

Sec. 25-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) If a student cannot present to the University valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the University stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the University; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the University; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the University's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the University on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 950. The Northern Illinois University Law is amended by changing Section 30-88 as follows:

(110 ILCS 685/30-88)

Sec. 30-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) If a student cannot present to the University valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the University stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the University; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the University; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the University's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the University on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 955. The Western Illinois University Law is amended by changing Section 35-88 as follows:

(110 ILCS 690/35-88)

Sec. 35-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) If a student cannot present to the University valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the University stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the University; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the University a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the University; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the University's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the University on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University.

(Source: P.A. 95-888, eff. 1-1-09.)

Section 960. The Public Community College Act is amended by changing Section 6-4a as follows:

(110 ILCS 805/6-4a)

Sec. 6-4a. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, a board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the community college not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual meets the requirements of subsection (a-5) provides the community college with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

(a-5) If a student cannot present to the community college valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution, the student must do one of the following:

(1) Provide to the community college a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student's immigration status.

(2) File an affidavit with the community college stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:

(A) one year after the date on which the student enrolls for study at the community college; or

(B) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

If the student files an affidavit pursuant to subparagraph (B) of this paragraph (2), the student must present to the community college a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:

(C) one year after the date on which the student enrolls for study at the community college; or

(D) if there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process.

The copy shall be maintained in the community college's records for that student.

The provisions of this subsection (a-5) do not impose any additional conditions to maintain in-state tuition status at the community college on a student who was enrolled in a degree program and first received in-state tuition status at the University during the 2009-2010 school year or any prior year.

(b) This Section applies only to tuition for a term or semester that begins on or after the effective date of this amendatory Act of the 93rd General Assembly.

(Source: P.A. 93-7, eff. 5-20-03.)

Section 965. The Illinois Vehicle Code is amended by adding Section 6-103.2 as follows:

(625 ILCS 5/6-103.2 new)

Sec. 6-103.2. Restrictions on issuance of driver's license or permit to foreign nationals.

(a) The Secretary of State shall issue a driver's license or any permit under this Code only to a United States citizen or national or a legal permanent resident alien.

(b) The provisions of subsection (a) do not apply when an applicant presents, in person, valid documentary evidence of any of the following:

(1) A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States.

(2) A pending or approved application for asylum in the United States.

(3) Admission into the United States in refugee status.

(4) A pending or approved application for temporary protected status in the United States.

(5) Approved deferred action status.

(6) A pending application for adjustment of status to legal permanent residence status or conditional resident status.

(c) Upon approval, the applicant may be issued a driver's license or permit. The driver's license or permit shall be valid only during the period of time of the authorized stay of the applicant in the United States or, if there is no definite end to the period of authorized stay, a period of one year. Any driver's license or permit issued pursuant to this subsection shall clearly indicate that it is temporary and shall state the date that the driver's license or permit expires.

(d) The driver's license or permit may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the driver's license or permit has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.

(e) Any driver's license or permit issued to a person who is not a United States citizen or national or a legal permanent resident alien, for which an application has been made for renewal, duplication, or reissuance, shall be presumed to have been issued in accordance with the provisions of subsection (b), provided that, at the time the application is made, the driver's license or permit has not expired or been cancelled, suspended, or revoked. The requirements of subsection (b) do apply, however, to a renewal, duplication, or reissuance if the Secretary of State is notified by a local, State, or federal government agency of information in the possession of the agency indicating a reasonable suspicion that the individual seeking the renewal, duplication, or reissuance is present in the United States in violation of law. The provisions of this subsection do not apply to United States citizens or nationals or to legal permanent resident aliens.

Section 970. The County Jail Act is amended by adding Section 4.5 as follows:

(730 ILCS 125/4.5 new)

Sec. 4.5. Determination of prisoner's citizenship status.

(a) When a person charged with a felony or with an offense under Section 11-501 of the Illinois Vehicle Code is confined, for any period, in the jail, a determination shall be made of the citizenship status of the person so confined.

(b) If the prisoner is a foreign national, the warden of the jail or other officer shall verify that the prisoner has been lawfully admitted to the United States and, if lawfully admitted, that the lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the lawful immigration status of the prisoner cannot be verified, the warden of the jail or other officer shall notify the United States Department of Homeland Security.

Section 975. The Illinois Human Rights Act is amended by changing Section 2-102 as follows:

(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)

Sec. 2-102. Civil Rights Violations - Employment. It is a civil rights violation:

(A) Employers. For any employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination or citizenship status.

(A-5) Language. For an employer to impose a restriction that has the effect of prohibiting a language from being spoken by an employee in communications that are unrelated to the employee's duties.

For the purposes of this subdivision (A-5), "language" means a person's native tongue, such as Polish, Spanish, or Chinese. "Language" does not include such things as slang, jargon, profanity, or vulgarity.

(B) Employment Agency. For any employment agency to fail or refuse to classify properly, accept applications and register for employment referral or apprenticeship referral, refer for employment, or refer for apprenticeship on the basis of unlawful discrimination or citizenship status or to accept from any person any job order, requisition or request for referral of applicants for employment or apprenticeship which makes or has the effect of making unlawful discrimination or discrimination on the basis of citizenship status a condition of referral.

(C) Labor Organization. For any labor organization to limit, segregate or classify its membership, or to limit employment opportunities, selection and training for apprenticeship in any trade or craft, or otherwise to take, or fail to take, any action which affects adversely any person's status as an employee or as an applicant for employment or as an apprentice, or as an applicant for apprenticeships, or wages, tenure, hours of employment or apprenticeship conditions on the basis of unlawful discrimination or citizenship status.

(D) Sexual Harassment. For any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment; provided, that an employer shall be responsible for sexual harassment of the employer's employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.

(E) Public Employers. For any public employer to refuse to permit a public employee under its jurisdiction who takes time off from work in order to practice his or her religious beliefs to engage in work, during hours other than such employee's regular working hours, consistent with the operational needs of the employer and in order to compensate for work time lost for such religious reasons. Any employee who elects such deferred work shall be compensated at the wage rate which he or she would have earned during the originally scheduled work period. The employer may require that an employee who plans to take time off from work in order to practice his or her religious beliefs provide the employer with a notice of his or her intention to be absent from work not exceeding 5 days prior to the date of absence.

(F) Training and Apprenticeship Programs. For any employer, employment agency or labor organization to discriminate against a person on the basis of age in the selection, referral for or conduct of apprenticeship or training programs.

(G) Immigration-Related Practices.

(1) for an employer to request for purposes of satisfying the requirements of Section 1324a(b) of Title 8 of the United States Code, as now or hereafter amended, more or different documents than are required under such Section or to refuse to honor documents tendered that on their face reasonably appear to be genuine; or

(2) for an employer participating in the Basic Pilot Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for Employment Eligibility Confirmation (enacted by PL 104-208, div. C title IV, subtitle A) to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment without following the procedures under the Basic Pilot Program.

(G-5) Discharge of U.S. Citizen. For an employer to discharge an employee working in Illinois who is a United States citizen or permanent resident alien while retaining an employee who the employer knows, or reasonably should have known, is an unauthorized alien hired after July 1, 2010, and who is working in Illinois in a job category that requires equal skill, effort, and responsibility and that is performed under similar working conditions, as defined by 29 U.S.C. 206(d)(1), as the job category held by the discharged employee. An employer that, on the date of the discharge in question, was currently enrolled in and used a Status Verification System as defined in Section 20 of the Foreign Nationals Act to verify the employment eligibility of its employees in Illinois hired after July 1, 2010, is exempt from liability, investigation, or suit arising from any action under this paragraph (G-5). No cause of action for a violation of this paragraph (G-5) shall arise anywhere in Illinois law but from the provisions of this paragraph (G-5).

(H) Pregnancy; peace officers and fire fighters. For a public employer to refuse to temporarily transfer a pregnant female peace officer or pregnant female fire fighter to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where that transfer can be reasonably accommodated. For the purposes of this subdivision (H), "peace officer" and "fire fighter" have the meanings ascribed to those terms in Section 3 of the Illinois Public Labor Relations Act.

It is not a civil rights violation for an employer to take any action that is required by Section 1324a of Title 8 of the United States Code, as now or hereafter amended.

(Source: P.A. 95-25, eff. 1-1-08; 95-137, eff. 1-1-08; 95-876, eff. 8-21-08.)