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1
HOUSE JOINT RESOLUTION

 
2    WHEREAS, The Constitution of the State of Illinois of 1970
3Article 1 Section 2 protects the rights of due process of
4individuals in Illinois; SECTION 2. DUE PROCESS AND EQUAL
5PROTECTION "No person shall be deprived of life, liberty or
6property without due process of law nor be denied the equal
7protection of the laws."; and
 
8    WHEREAS, The Constitution of Illinois Article 1 Section 2
9does not contradict the U.S. Constitution protections afforded
10to all Americans by the Fifth and Fourteenth amendments; and
 
11    WHEREAS, The Supreme Court has held that the Due Process
12Clause applies to all noncitizens in the United States
13Constitution; "Aliens, even Aliens whose presence in this
14country is unlawful, have long been recognized as 'persons'
15guaranteed due process of law by the Fifth and Fourteenth
16Amendments" Pyler v. Doe, U.S. 202, 210 (1982); and
 
17    WHEREAS, The Supreme Court has recognized family unity as a
18necessary protected interest by the United States
19Constitution; "There is a fundamental liberty interest of
20natural parents in the care, custody and management of their
21child"; Santosky v. Kramer, 455 U.S. 745, 753 (1982); and
 

 

 

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1    WHEREAS, Illinois serves as the third largest recipient of
2federal grants for detention centers in the United States; and
 
3    WHEREAS, "Illinois agencies received nearly $90 million in
4federal grants in the last two fiscal years to help resettle
5unaccompanied minors coming to the U.S." as reported by ABC 7
6News Chicago; and
 
7    WHEREAS, "In 2017, the American Pediatric Association
8released a statement, "Immigrant children seeking safe haven in
9the United States should never be placed in detention
10facilities. Studies of detained immigrants have shown that
11children and parents may suffer negative physical and emotional
12symptoms from detention, including anxiety, depression and
13posttraumatic stress disorder. Conditions in U.S. detention
14facilities, which include forcing children to sleep on cement
15floors, open toilets, constant light exposure, insufficient
16food and water, no bathing facilities, and extremely cold
17temperatures, are traumatizing for children. No child should
18ever have to endure these conditions."; and
 
19    WHEREAS, Currently, Illinois participates in detaining
20children under the federal government's Zero Tolerance Policy
21by way of providing facilities for detention funded by federal
22grants; and
 

 

 

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1    WHEREAS, ICE (U.S. Immigration and Customs Enforcement) is
2an agency created in 2003 by the Department of Homeland
3Security, through the Homeland Security Act of 2002; and
 
4    WHEREAS, The Homeland Security Act is a Congressional
5legislation, and the creation of ICE is administrative creation
6for enforcement; and
 
7    WHEREAS, ICE is the official enforcement arm of the Custom
8Border Patrol under Homeland Security that identifies and
9separates children and places them in Illinois detention
10centers; and
 
11    WHEREAS, ICE has protocols titled the Parental Directive to
12aid in communication between child detainees and their parents,
13but they have not been followed, resulting in numerous children
14in Illinois unable to be reunified with families or communicate
15in a timely manner; and
 
16    WHEREAS, ICE has contracts of interservice
17agreements/contracts with Illinois local agencies such as the
18Illinois State Police and the DMV to share information,
19yielding names of individuals who may be detained and separated
20from their children while held in detention centers; and
 
21    WHEREAS, In Manigault v. Springs, the Supreme Court said,

 

 

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1It is the settled law of this court that the interdiction of
2statutes impairing the obligation of contracts does not prevent
3the State from exercising such powers as are vested in it for
4the promotion of the common weal, or are necessary for the
5general good of the public, though contracts previously entered
6into between individuals may thereby be affected. This power,
7which in its various ramifications is known as the police
8power, is an exercise of the sovereign right of the Government
9to protect the lives, health, morals, comfort and general
10welfare of the people, and is paramount to any rights under
11contracts between individuals. 480. 34. 290 U.S. at 438; and
 
12    WHEREAS, The Supreme Court further cited Home Building &
13Loan Association v. Blaisdell 290 U.S. 398 (1934); in upholding
14the legislation, the Court established new standards by which
15to evaluate the validity of legislation impairing the
16obligations of contracts; the inquiry is not simply whether an
17obligation is impaired, but rather "whether the legislation is
18addressed to a legitimate end, and the measures taken are
19reasonable and appropriate to that end." This flexible standard
20allows the Court to construe the contract; The legitimacy of
21the ends and the reasonableness of the means were judged by the
22following five factors: (1) an emergency must exist that
23furnishes a "proper occasion for the exercise of the reserved
24power of the State to protect the vital interests of the
25community, (2) the legislation must be for the protection of a

 

 

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1basic interest of society, not for the mere advantage of
2particular individuals, (3) the relief must be appropriate to
3the character of the emergency that existed, (4) the conditions
4of the legislation must be reasonable, and (5) the legislation
5must be temporary and limited to the exigency that called it
6forth; and
 
7    WHEREAS, The State of Illinois has a right to review
8contracts and operations of detention centers that are causing
9harm to Illinois youth on Illinois soil; therefore, be it
 
10    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
11HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
12SENATE CONCURRING HEREIN, that there is created the ICE
13Monitoring Task Force whose purpose is the following:
14        (1) Review ICE practices and procedures within the
15    State;
16        (2) Review the use and condition of detention centers
17    in Illinois; and
18        (3) Review all ICE contracts in Illinois, including
19    those with Private Detention Centers, the Illinois State
20    Police, and the Department of Motor Vehicles; and be it
21    further
 
22    RESOLVED, That the Task Force shall consist of the
23following members, who shall serve without compensation:

 

 

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1        (1) Two members nominated by the Latino Policy Forum
2    and appointed by the Speaker of the House, one of whom
3    shall serve as co-chair;
4        (2) Two members nominated by the Loyola Civitas Child
5    Law Center and appointed by the Minority Leader of the
6    House, one of whom shall serve as co-chair;
7        (3) Two members nominated by the ACLU and appointed by
8    the Senate President;
9        (4) One member nominated by Arab American Family
10    Services and appointed by the Senate Minority Leader;
11        (5) One member nominated by the National Immigration
12    Law and Justice Center and appointed by the Speaker of the
13    House; and
14        (6) One member nominated by the Illinois Coalition for
15    Immigrants and Refugee Rights and appointed by the Minority
16    Leader of the House; and be it further
 
17    RESOLVED, That the Task Force shall meet for the first time
18at the call of the co-chairs; and be it further
 
19    RESOLVED, That the Illinois Department of Human Rights
20shall provide administrative support; and be it further
 
21    RESOLVED, That the Task Force shall submit its final report
22to the General Assembly and the Governor no later than December
2331, 2019, and, upon the filing of its report, is dissolved.