102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1986

 

Introduced 2/26/2021, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Keep Illinois Families Together Act. Provides that the Attorney General, within 90 days of the effective date of this Act, in consultation with the appropriate stakeholders, shall propose new rules related to limiting assistance with immigration enforcement at the following facilities to the fullest extent possible consistent with federal and State law to ensure that these facilities remain safe and accessible to all Illinois residents, regardless of immigration status: (1) public schools, including public pre-schools and other early learning programs, public elementary and secondary schools, and public institutions of higher education; (2) State-funded medical treatment and health care facilities, including hospitals, health clinics, emergency or urgent care facilities, nursing homes, group homes for persons with developmental disabilities, community-integrated living arrangements, and State mental health facilities; (3) public libraries; (4) facilities operated by the Office of the Secretary of State; and (5) courthouses. Provides that within 6 months of the effective date of the Act, all State agencies, public schools, and public institutions of higher education shall review their confidentiality policies to identify any changes necessary to limit collection of information from individuals to that information necessary to perform agency duties and to limit use or disclosure of information for any other purpose. Provides that a law enforcement agency or official may not inquire about the citizenship or immigration status or place of birth of any individual, including any person who has been arrested or detained by the agency, any person in the agency or official's custody, any person submitting to questioning by the agency or official, any crime victim, any witness, or any person who calls or approaches the law enforcement agency or official seeking assistance. Makes other changes.


LRB102 16668 KMF 22069 b

 

 

A BILL FOR

 

SB1986LRB102 16668 KMF 22069 b

1    AN ACT concerning immigration.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Keep
5Illinois Families Together Act.
 
6    Section 5. Findings. The General Assembly makes the
7following findings:
8        (1) The State of Illinois is committed to ensuring
9    that all residents of this State are treated equally
10    notwithstanding race, religion, national origin,
11    disability status, sexual orientation, gender, or
12    immigration status.
13        (2) All residents of this State are entitled to live
14    with dignity and without fear.
15        (3) Immigrants are valuable and essential members of
16    the Illinois community and should be able to live full and
17    productive lives without fear of the government.
18        (4) A relationship of trust between this State's
19    immigrant community and State and local agencies is
20    central to the public safety of the people of Illinois.
21    This trust is threatened when State and local agencies are
22    entangled with federal immigration enforcement, with the
23    result that immigrant community members fear going to

 

 

SB1986- 2 -LRB102 16668 KMF 22069 b

1    court, seeking basic health or other services, or pursuing
2    education to the detriment of public safety and the
3    well-being of all residents.
4        (5) The General Assembly shall continue to strive to
5    create an environment where all residents are protected to
6    the best of this State's ability.
 
7    Section 10. Model policies for certain facilities.
8    (a) In accordance with the Illinois Administrative
9Procedure Act, the Attorney General, within 90 days of the
10effective date of this Act, in consultation with the
11appropriate stakeholders, shall propose new rules related to
12limiting assistance with immigration enforcement at the
13following facilities to the fullest extent possible consistent
14with federal and State law to ensure that these facilities
15remain safe and accessible to all Illinois residents,
16regardless of immigration status:
17        (1) Public schools, including public pre-schools and
18    other early learning programs, public elementary and
19    secondary schools, and public institutions of higher
20    education.
21        (2) State-funded medical treatment and health care
22    facilities, including hospitals, health clinics, emergency
23    or urgent care facilities, nursing homes, group homes for
24    persons with developmental disabilities,
25    community-integrated living arrangements, and State mental

 

 

SB1986- 3 -LRB102 16668 KMF 22069 b

1    health facilities.
2        (3) Public libraries.
3        (4) Facilities operated by the Office of the Secretary
4    of State.
5        (5) Courthouses.
6    (b) Within 90 days of the adoption of the rules described
7in subsection (a), the Attorney General shall publish model
8policies for the categories of facilities described in
9subsection (a) that provides guidance on compliance with the
10adopted rules and any other best practices for limiting
11assistance with immigration enforcement to the fullest extent
12possible consistent with federal and State law. All facilities
13shall implement the model policy or an equivalent policy that
14is in compliance with the adopted rule.
15    (c) All other organizations and entities that provide
16services related to physical or mental health and wellness or
17education are encouraged to adopt the appropriate model policy
18published under subsection (b).
19    (d) In this Section, "immigration enforcement" includes
20any and all efforts to investigate, enforce, or assist in the
21investigation or enforcement of any federal civil immigration
22law including any and all efforts to investigate, enforce, or
23assist in the investigation or enforcement of any federal
24criminal immigration law that penalizes a person's presence
25in, entry or reentry to, or employment in, the United States.
 

 

 

SB1986- 4 -LRB102 16668 KMF 22069 b

1    Section 15. Information collection and confidentiality.
2    (a) Within 6 months of the effective date of this Act, all
3State agencies, public schools, and public institutions of
4higher education shall review their confidentiality policies
5to identify any changes necessary to limit collection of
6information from individuals to that information necessary to
7perform agency duties and to limit use or disclosure of
8information for any other purpose.
9    (b) The review described in subsection (a) shall include a
10review of all applications, questionnaires, and interview
11forms used in relation to benefits, opportunities, or services
12provided by a State agency, or to in-State or in-district
13tuition verification, scholarship, grant, or service provided
14by a public elementary or secondary school or public
15institution of higher education. Within 6 months after the
16effective date of this Act, all State agencies, public
17schools, and public institutions of higher education shall
18remove any questions regarding citizenship or immigration
19status from any application, questionnaire, and interview
20form, other than those questions required by statute,
21ordinance, federal law, or court order. No State agency,
22public school, or public institution of higher education may
23add any question regarding citizenship or immigration status
24to any application, questionnaire, or interview form unless
25those questions are required by statute, ordinance, federal
26law, or court order.

 

 

SB1986- 5 -LRB102 16668 KMF 22069 b

1    (c) Any further necessary changes to agency, school, or
2institutional confidentiality and data collection policies
3must be made within one year of the effective date of this Act,
4consistent with agency, school, or institutional procedures.
5These policies must restrict any public employee from making
6services conditional upon, or requesting information or proof
7regarding a person's immigration or citizenship status or
8place of birth, except as required by statute, ordinance,
9federal law, or court order. These policies must also require
10that public services are available to, and public employees
11must serve, all Illinois residents without regard to
12immigration or citizenship status.
 
13    Section 20. Public safety.
14    (a) In this Section:
15        "Immigration agent" means an agent of federal
16    Immigration and Customs Enforcement, federal Customs and
17    Border Protection, an individual authorized to conduct
18    enforcement of civil immigration laws under 8 U.S.C.
19    1357(g) or any other federal law, any other federal agent
20    charged with enforcement of civil immigration laws, or any
21    successor.
22        "Immigration enforcement operation" means any
23    operation that has as one of its objectives the
24    identification or apprehension of a person or persons: (1)
25    in order to subject such person or persons to civil

 

 

SB1986- 6 -LRB102 16668 KMF 22069 b

1    immigration detention, removal proceedings and removal
2    from the United States; or (2) to criminally prosecute a
3    person or persons for offenses related to immigration
4    status, including but not limited to violations of 8
5    U.S.C. 1253, 1304, 1306(a) and (b), 1325, or 1326.
6        "Law enforcement agency" means an agency in this State
7    charged with enforcement of State, county, or municipal
8    laws or with managing custody of detained persons in the
9    State, including municipal police departments, sheriff's
10    departments, campus police departments, the Illinois State
11    Police, and the Department of Juvenile Justice.
12        "Law enforcement official" means any officer or other
13    agent of a State or local law enforcement agency
14    authorized to enforce criminal laws, rules, regulations,
15    or local ordinances or operate jails, correctional
16    facilities, or juvenile detention facilities or to
17    maintain custody of individuals in jails, correctional
18    facilities, or juvenile detention facilities also
19    including any school resource officer or other police or
20    security officer assigned to any public school, including
21    any public pre-school and other early learning program,
22    public elementary and secondary school, or public
23    institution of higher education.
24    (b) A law enforcement agency or official may not inquire
25about the citizenship or immigration status or place of birth
26of any individual, including any person who has been arrested

 

 

SB1986- 7 -LRB102 16668 KMF 22069 b

1or detained by the agency, any person in the agency or
2official's custody, any person submitting to questioning by
3the agency or official, any crime victim, any witness, or any
4person who calls or approaches the law enforcement agency or
5official seeking assistance. Nothing in this subsection (b)
6shall be construed to limit the ability of a law enforcement
7agency or official to inform a person in the law enforcement
8agency's custody about that person's right to communicate with
9consular officers from that person's country of nationality,
10or facilitate such communication, in accordance with the
11Vienna Convention on Consular Relations.
12    (c) A law enforcement agency or official may not
13participate in immigration enforcement operations, including
14any collateral assistance such as establishing a traffic
15perimeter surrounding such operations. A law enforcement
16agency or official may not provide to any immigration agent
17any information regarding persons who may be the subject of
18immigration enforcement operations.
19    (d) A law enforcement agency or official may not enter
20into an agreement under 8 U.S.C. 1357(g) or any other federal
21law that permits State or local governmental entities to
22enforce federal civil immigration laws.
23    (e) A law enforcement agency or official may not:
24        (1) give any immigration agent access to any
25    individual in that agency's custody;
26        (2) transfer any person into an immigration agent's

 

 

SB1986- 8 -LRB102 16668 KMF 22069 b

1    custody;
2        (3) permit immigration agents use of agency facilities
3    or equipment, including any agency electronic databases
4    not available to the public, for investigative interviews
5    or other investigative or immigration enforcement purpose;
6        (4) respond to any immigration agent's inquiry or
7    request for information regarding any individual in the
8    agency's custody; or
9        (5) provide to any immigration agent information
10    regarding any individual's release contact information, or
11    otherwise facilitate an immigration agent to apprehend an
12    individual for immigration enforcement.
13    (f) Notwithstanding any other provision of this Section,
14if an immigration agent presents to a law enforcement official
15or law enforcement agency a criminal warrant, the law
16enforcement official or law enforcement agency may conduct any
17of the activities listed in subsections (b), (c), or (e) or
18otherwise communicate or coordinate with an immigration agent
19solely for assisting with that specific purpose.
20    (g) A law enforcement agency may not deny services,
21benefits, privileges, or opportunities to individuals in
22custody, or under community custody or probation status, on
23the basis of the presence of an immigration detainer or
24non-judicial immigration warrant as defined in Section 10 of
25the Illinois TRUST Act.
26    (h) Nothing in this Section shall preclude a law

 

 

SB1986- 9 -LRB102 16668 KMF 22069 b

1enforcement official from otherwise executing that official's
2duties in ensuring public safety.