Sen. Don Harmon

Filed: 3/16/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 35 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. Legislative findings. The General Assembly
7finds that:
8    (1) This State is committed to ensuring that all residents
9are treated equally notwithstanding race, religion, national
10origin, disability status, sexual orientation, gender, or
11immigration status.
12    (2) All residents of this State are entitled to live with
13dignity and without fear.
14    (3) Immigrants are valuable and essential members of the
15Illinois community, and should be able to live full and
16productive lives without fear of the government.



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1    (4) A relationship of trust between the Illinois immigrant
2community and State and local agencies is central to the public
3safety of the people of this State. This trust is threatened
4when State and local agencies are entangled with federal
5immigration enforcement, with the result that immigrant
6community members fear going to court, seeking basic health
7services, or attending school to the detriment of public safety
8and the well-being of all residents of this State.
9    (5) The General Assembly shall continue to strive to create
10an environment where all residents are protected to the best of
11this State's ability.
12    Section 10. Model policies for immigration enforcement.
13    (a) In this Section, "immigration enforcement" means any
14and all efforts to investigate, enforce, or assist in the
15investigation or enforcement of any federal civil immigration
16law including any and all efforts to investigate, enforce, or
17assist in the investigation or enforcement of any federal
18criminal immigration law that penalizes a person's presence in,
19entry or reentry to, or employment in, the United States.
20    (b) The Attorney General by April 1, 2019, in consultation
21with appropriate stakeholders, shall publish model policies
22limiting assistance with immigration enforcement to the
23fullest extent possible consistent with federal and State law
24ensuring the following facilities remain safe and accessible to
25all residents of this State, regardless of immigration status:



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1         (1) State-funded schools, including licensed day care
2    centers, pre-schools, and other early learning programs;
3    elementary and secondary schools; and institutions of
4    higher education;
5         (2) State-funded medical treatment and health care
6    facilities; including hospitals, health clinics, emergency
7    or urgent care facilities, nursing homes, group homes for
8    persons with developmental disabilities,
9    community-integrated living arrangements, and State mental
10    health facilities;
11        (3) public libraries;
12        (4) facilities operated by the Office of the Secretary
13    of State; and
14        (5) courts of this State.
15    (c) The model policies created under subsection (b) of this
16Section shall incorporate protections against unreasonable
17searches and seizures and requirements for warrants based on
18probable cause guaranteed by the Fourth Amendment of the United
19States Constitution, Article I, Section 6 of the Illinois
20Constitution, and other relevant constitutional and legal
21protections. Facilities enumerated in subsection (b) of this
22Section shall implement the model policy or an equivalent
23policy. All other organizations and entities that provide
24services related to physical or mental health and wellness,
25education, or access to justice are encouraged to adopt the
26model policy.



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1    Section 15. Public safety.
2    (a) In this Section:
3        "Immigration agent" means an agent of federal
4    Immigration and Customs Enforcement, federal Customs and
5    Border Protection, a person authorized to conduct
6    enforcement of civil immigration laws under subsection (g)
7    of Section 1357 of Title 8 of the United States Code or any
8    other federal law, any other federal agent charged with
9    enforcement of civil immigration laws, or any successor.
10        "Immigration enforcement operation" means any
11    operation that has as one of its objectives the
12    identification or apprehension of a person or persons: (1)
13    in order to subject the person or persons to civil
14    immigration detention, removal proceedings and removal
15    from the United States; or (2) to criminally prosecute a
16    person or persons for offenses related to immigration
17    status, including, but not limited to, violations of
18    Sections 1253, 1304, 1306(a) and (b), 1325, or 1326 of
19    Title 8 of the United States Code.
20        "Law enforcement agency" means an agency in this State
21    charged with enforcement of State, county, or municipal
22    laws or with managing custody of detained persons in the
23    State, including municipal police departments, sheriff's
24    departments, campus police departments, the Department of
25    State Police, and the Department of Juvenile Justice.



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1        "Law enforcement official" means any officer or other
2    agent of a State or local law enforcement agency authorized
3    to enforce criminal laws, rules, regulations, or local
4    ordinances or to operate jails, correctional facilities,
5    or juvenile detention facilities or to maintain custody of
6    individuals in jails, correctional facilities, or juvenile
7    detention facilities.
8    (b) A law enforcement official shall not assist or support
9in any immigration enforcement operation by an immigration
10agent taking place in or around the perimeter of any of the
11agencies listed in Section 10 of this Act unless immigration
12officials present a valid and properly issued criminal warrant
13related to the investigation or prosecution of any criminal
14offense, including offenses provided for in the laws of another
15state or federal law. "Criminal offense" or "criminal activity"
16shall not include any offense related to immigration status,
17including, but not limited to, a violation of Section 1253,
181304, 1306 (a) or (b), 1325, or 1326 of Title 8 of the United
19States Code.
20    (c) Nothing in this Section shall preclude a law
21enforcement official from executing her or his duties in
22ensuring public safety except as provided in subsection (b) of
23this Section.
24    Section 20. Review of file information; questions
25regarding citizenship. On and after the effective date of this



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1Act, all applications, questionnaires, and interview forms
2used in relation to benefits, opportunities, or services
3provided by a State agency or in-State or in-district tuition
4verification, scholarships, grants, or services provided by a
5public elementary or secondary school or public institution of
6higher education shall be promptly reviewed by that State
7agency, school, or institution and any questions regarding
8citizenship or immigration status, other than those required by
9statute, ordinance, federal law, or court order shall be
10removed within 60 days after the effective date of this Act.
11Sixty days after the effective date of this Act, an
12application, questionnaire, or interview form used in relation
13to benefits, opportunities, or services provided by a State
14agency or in-State or in-district tuition verification,
15scholarships, grants, or services provided by a public
16elementary or secondary school or public institution of higher
17education shall not contain any questions regarding
18citizenship or immigration status, other than those required by
19statute, ordinance, federal law, or court order.
20    Section 97. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.".