Illinois General Assembly - Full Text of SB2733

LRB104 16073 AAS 29354 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2733

Introduced 10/28/2025, by Sen. Omar Aquino

SYNOPSIS AS INTRODUCED:

225 ILCS 10/3.8 new

Amends the Child Care Act of 1969. Provides that a licensed day care center shall not disclose or threaten to disclose to any other person, entity, or agency information regarding or relating to the actual or perceived citizenship or immigration status of a child or an associated person, unless disclosure is required by State or federal law. Provides that a licensed day care center shall not consent to entry to its premises by a law enforcement agent for immigration enforcement action unless the law enforcement agent provides valid identification and a signed judicial warrant or order or subpoena to enter the facility. Requires the Department of Children and Family Services or the Department of Early Childhood, as is applicable, to make available on its website specified resources for families. Provides that, if a child's parent or guardian directly faces immigration enforcement action, a licensed day care center shall use the child's emergency contact information and release the child to the persons designated as the child's emergency contacts or into the custody of an individual who presents a properly executed appointment of short-term guardian form on behalf of the child. Sets forth provisions requiring a licensed day care center to adopt certain policies concerning consent to disclosure. Establishes enforcement provisions for violations of disclosure provisions. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Child Care Act of 1969 is amended by adding Section 3.8 as follows:

(225 ILCS 10/3.8 new)

Sec. 3.8. Licensed day care centers; immigration enforcement.

(a) As used in this Section:

"Civil immigration warrant" means any document that is not approved or ordered by a judge that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose. "Civil immigration warrant" includes Form I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to Detain or Release Alien", Form I-205 "Warrant of Removal/Deportation", Form I-286 "Notice of Custody Determination", any predecessor or successor form, and all warrants, hits, or requests contained in the "Immigration Violator File" of the FBI's National Crime Information Center (NCIC) database. "Civil immigration warrant" does not include any criminal warrant.

"Immigration enforcement action" includes any arrests or detentions conducted by agents or officers of the United States Department of Homeland Security, United States Immigration and Customs Enforcement, or United States Customs and Border Protection or any other individual or entity with the power to arrest or detain individuals or manage custody of detained individuals for the purposes of civil immigration enforcement.

"Law enforcement agent" means an agent of federal, State, or local law enforcement authorized with the power to arrest or detain individuals or manage the custody of detained individuals for a law enforcement purpose, including civil immigration enforcement.

(b) A licensed day care center shall not disclose or threaten to disclose to any other person, entity, or agency information regarding or relating to the actual or perceived citizenship or immigration status of a child or an associated person, unless disclosure is required by State or federal law.

(c) A licensed day care center shall not consent to entry to its premises by a law enforcement agent for immigration enforcement action unless the law enforcement agent provides valid identification and a signed judicial warrant or order or subpoena to enter the facility. The day care center director or the day care center director's designee shall request to review the judicial warrant or order or subpoena to ensure its validity before allowing entry. A licensed day care center shall not consent to entry to its premises by a law enforcement agent who provides no supporting documentation for entry or presents only a civil immigration warrant. This subsection does not prohibit licensed day care centers from consenting to a law enforcement agent's entry to its premises for the purposes of hotline emergency calls or incidents arising out of mandated reporting.

(d) This Section does not affect a licensed day care center's obligation as a mandated reporter or to otherwise respond to instances of suspected crime on the premises.

(e) The Department of Children and Family Services or the Department of Early Childhood, as is applicable, shall make available on its website resources for families, including, but not limited to, resources regarding the constitutional rights of families, family preparedness plans, and a copy of the Department of Children and Family Services' appointment of short-term guardian form (Form CFS 444-2 or its predecessor or successor form).

(f) If a child's parent or guardian directly faces immigration enforcement action, a licensed day care center shall use the child's emergency contact information and release the child to the persons designated as the child's emergency contacts or into the custody of an individual who presents a properly executed appointment of short-term guardian form on behalf of the child.

(g) A licensed day care center shall adopt policies by January 1, 2026 to comply with this Section and shall ensure that all staff members are trained on the adopted policies. The policies shall require the following:

(1) procedures for notifying and seeking written consent from a child's parents or guardian if a law enforcement agent requests access to personally identifiable information from the child's records, unless such access is in compliance with a judicial warrant or order or a subpoena that restricts the disclosure of the information to the child's parents or guardian;

(2) families enrolled at the licensed day care center to update their emergency contact list biannually; and

(3) notification to be given, within a reasonable time period, to parents or guardians and the Department if immigration enforcement action occurs at the licensed day care center or its environs.

A licensed day care center's late pick-up policy shall be updated to include the degree of diligence the licensed day care center will use to reach a child's emergency contacts, including the number of attempted phone calls to parents and emergency contacts and any requests for police assistance in finding a child's emergency contact.

(h) Failure to comply with subsection (b) of this Section shall result in a formal licensing violation. Failure to comply with any other provision of this Section may result in a licensing violation.

Section 99. Effective date. This Act takes effect upon becoming law.