103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3289

 

Introduced 2/7/2024, by Sen. Andrew S. Chesney

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 805/Act rep.
15 ILCS 335/11  from Ch. 124, par. 31
625 ILCS 5/6-110.3

    Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.


LRB103 36973 AWJ 67087 b

 

 

A BILL FOR

 

SB3289LRB103 36973 AWJ 67087 b

1    AN ACT concerning government.
 
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
5Immigration Enforcement Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Immigration detainer is facially sufficient" means: (i)
8the federal immigration agency's official form is incomplete
9and fails to indicate on its face that the federal immigration
10official has probable cause to believe that the person to be
11detained is a removable alien under federal immigration law
12but is supported by an affidavit, order, or other official
13documentation that indicates that the federal immigration
14agency has probable cause to believe that the person to be
15detained is a removable alien under federal immigration law
16and the federal immigration agency supplies with its detention
17request a Form I-200 Warrant for Arrest of Alien, a Form I-205
18Warrant of Removal/Deportation, a successor warrant, or other
19warrant authorized by federal law; or (ii) the federal
20immigration agency's official form is complete and indicates
21on its face that the federal immigration official has probable
22cause to believe that the person to be detained is a removable
23alien under federal immigration law.

 

 

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1    "Law enforcement agency" means any entity with statutory
2police powers and the ability to employ individuals authorized
3to make arrests, including local and State agencies.
4    "Local entity" means a unit of local government, a school
5district, or a community college district.
6    "State entity," means the State of Illinois and all of its
7agencies, State universities and colleges, and all corporate
8outgrowths of the State.
 
9    Section 10. Prohibited policies regarding immigration
10enforcement. A State entity, local entity, or law enforcement
11agency may not adopt or maintain a law, ordinance, resolution,
12rule, regulation, policy, directive, order, practice, or
13procedure, formal or informal, written or unwritten, that
14prohibits or materially restricts the State entity, local
15entity, or law enforcement agency from complying with or
16assisting in the enforcement of immigration laws. This
17includes prohibitions or restrictions on:
18        (1) inquiries into the immigration status of any
19    person;
20        (2) transmitting, requesting, or receiving information
21    relating to immigration status, lawful or unlawful, of any
22    person to or from any federal immigration enforcement
23    agency;
24        (3) maintaining, archiving, or otherwise storing for
25    subsequent use information relating to an individual's

 

 

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1    immigration status;
2        (4) exchanging information relating to immigration
3    status with another law enforcement agency, local entity,
4    State entity, or a federal immigration agency;
5        (5) complying with an immigration detainer, including,
6    but not limited to, refusing to cooperate or comply with a
7    lawfully issued detainer in the absence of a warrant or
8    other order directing compliance with or enforcement of
9    such a detainer;
10        (6) complying with a request from a federal
11    immigration agency to notify the agency before the release
12    of an inmate;
13        (7) providing a federal immigration agency with an
14    inmate's incarceration status or release date;
15        (8) assisting or cooperating with a federal
16    immigration agency, including by providing enforcement
17    assistance;
18        (9) participating in any program or agreement
19    authorized under Section 287 of the federal Immigration
20    and Nationality Act (8 U.S.C. 1357); or
21        (10) permitting a federal immigration officer to enter
22    and conduct enforcement activities at a municipal jail,
23    county jail, or Division of Corrections or rehabilitation
24    facility involving or related to the enforcement of
25    federal immigration laws.
 

 

 

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1    Section 15. Mandatory duties of law enforcement agencies
2regarding immigration detainers.
3    (a) A law enforcement agency that takes initial custody of
4a person subject to an immigration detainer shall:
5        (1) provide notice to the court authorized to grant or
6    deny the person's release on bail or bond that the person
7    is subject to an immigration detainer;
8        (2) record in the person's case file that the person
9    is subject to an immigration detainer; and
10        (3) upon determining that the immigration detainer is
11    facially sufficient, comply with the requests made in the
12    immigration detainer to the extent required by law.
13    (b) A law enforcement agency is not required to perform a
14duty imposed by subsection (a) with respect to a person who has
15been transferred to the custody of the agency by another law
16enforcement agency subject to the requirements of this
17section.
18    (c) A court of competent jurisdiction that receives notice
19that a person is subject to an immigration detainer shall
20record this information in the court record, regardless of
21whether the notice is received before or after a judgment in
22the case.
 
23    Section 20. Mandatory agreements for housing persons
24subject to immigration detainers.
25    (a) Each county jail, municipal jail, and the Department

 

 

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1of Corrections shall enter into an agreement with a federal
2immigration agency for temporarily housing persons who are the
3subject of immigration detainers and for the payment of the
4costs of housing and detaining those persons.
5    (b) A agreement under this Section must include a contract
6with a federal immigration agency for housing or detaining
7persons subject to immigration detainers, such as basic
8ordering agreements, intergovernmental service agreements,
9agreements authorized by Section 287 of the federal
10Immigration and Nationality Act (8 U.S.C. 1357), successor
11agreements, or other similar agreements authorized by federal
12law.
 
13    Section 25. Implementation; discrimination prohibited.
14    (a) This Act shall be implemented in a manner consistent
15with federal laws and regulations governing immigration,
16protecting the civil rights of all persons, and respecting the
17privileges and immunities of United States citizens.
18    (b) A State entity, local entity, or law enforcement
19agency and a person employed by or otherwise under the
20direction or control of a State entity, local entity, or law
21enforcement agency may not base the entity's, agency's, or
22person's actions under this Act on the gender, race, color,
23religion, language, national origin, or physical disability of
24a person except to the extent authorized by the United States
25Constitution, the constitution and laws of this State, or

 

 

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1other applicable federal law.
 
2    Section 30. Home rule. The regulation of immigration
3enforcement is an exclusive power and function of the State. A
4home rule unit may not regulate immigration enforcement. This
5Act is a denial and limitation of home rule powers and
6functions under subsection (h) of Section 6 of Article VII of
7the Illinois Constitution.
 
8    (5 ILCS 805/Act rep.)
9    Section 35. The Illinois TRUST Act is repealed.
 
10    Section 40. The Illinois Identification Card Act is
11amended by changing Section 11 as follows:
 
12    (15 ILCS 335/11)  (from Ch. 124, par. 31)
13    (Text of Section before amendment by P.A. 103-210)
14    Sec. 11. Records.
15    (a) The Secretary may make a search of his records and
16furnish information as to whether a person has a current
17Standard Illinois Identification Card or an Illinois Person
18with a Disability Identification Card then on file, upon
19receipt of a written application therefor accompanied with the
20prescribed fee. However, the Secretary may not disclose
21medical information concerning an individual to any person,
22public agency, private agency, corporation or governmental

 

 

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1body unless the individual has submitted a written request for
2the information or unless the individual has given prior
3written consent for the release of the information to a
4specific person or entity. This exception shall not apply to:
5(1) offices and employees of the Secretary who have a need to
6know the medical information in performance of their official
7duties, or (2) orders of a court of competent jurisdiction.
8When medical information is disclosed by the Secretary in
9accordance with the provisions of this Section, no liability
10shall rest with the Office of the Secretary of State as the
11information is released for informational purposes only.
12    (b) Except as otherwise provided in this Section, the
13Secretary may release personally identifying information only
14to:
15        (1) officers and employees of the Secretary who have a
16    need to know that information for issuance of driver's
17    licenses, permits, or identification cards and
18    investigation of fraud or misconduct;
19        (2) other governmental agencies for use in their
20    official governmental functions;
21        (3) law enforcement agencies for a criminal or civil
22    investigation;
23        (3-5) the State Board of Elections as may be required
24    by an agreement the State Board of Elections has entered
25    into with a multi-state voter registration list
26    maintenance system; or

 

 

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1        (4) any entity that the Secretary has authorized, by
2    rule.
3    (c) Except as otherwise provided in this Section, the
4Secretary may release highly restricted personal information
5only to:
6        (1) officers and employees of the Secretary who have a
7    need to access the information for the issuance of
8    driver's licenses, permits, or identification cards and
9    investigation of fraud or misconduct;
10        (2) law enforcement officials for a criminal or civil
11    law enforcement investigation;
12        (3) the State Board of Elections for the purpose of
13    providing the signature for completion of voter
14    registration; or
15        (4) any other entity the Secretary has authorized by
16    rule.
17    (d) Documents required to be submitted with an application
18for an identification card to prove the applicant's identity
19(name and date of birth), social security number, written
20signature, residency, and, as applicable, proof of lawful
21status shall be confidential and shall not be disclosed except
22to the following persons:
23        (1) the individual to whom the identification card was
24    issued, upon written request;
25        (2) officers and employees of the Secretary of State
26    who have a need to have access to the stored images for

 

 

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1    purposes of issuing and controlling driver's licenses,
2    permits, or identification cards and investigation of
3    fraud or misconduct;
4        (3) law enforcement officials for a civil or criminal
5    law enforcement investigation;
6        (4) other entities that the Secretary may authorize by
7    rule.
8    (e) The Secretary may not disclose an individual's social
9security number or any associated information obtained from
10the Social Security Administration without the written request
11or consent of the individual except: (i) to officers and
12employees of the Secretary who have a need to know the social
13security number in the performance of their official duties;
14(ii) to law enforcement officials for a civil or criminal law
15enforcement investigation if an officer of the law enforcement
16agency has made a written request to the Secretary specifying
17the law enforcement investigation for which the social
18security number is being sought; (iii) under a lawful court
19order signed by a judge; (iv) to the Illinois Department of
20Veterans' Affairs for the purpose of confirming veteran status
21to agencies in other states responsible for the issuance of
22state identification cards for participation in State-to-State
23verification service; or (v) the last 4 digits to the Illinois
24State Board of Elections for purposes of voter registration
25and as may be required pursuant to an agreement for a
26multi-state voter registration list maintenance system. The

 

 

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1Secretary retains the right to require additional verification
2regarding the validity of a request from law enforcement. If
3social security information is disclosed by the Secretary in
4accordance with this Section, no liability shall rest with the
5Office of the Secretary of State or any of its officers or
6employees, as the information is released for official
7purposes only.
8    (f) The Secretary of State shall not provide facial
9recognition search services or photographs obtained in the
10process of issuing an identification card to any federal,
11State, or local law enforcement agency or other governmental
12entity for the purpose of enforcing federal immigration laws.
13This subsection shall not apply to requests from federal,
14State, or local law enforcement agencies or other governmental
15entities for facial recognition search services or photographs
16obtained in the process of issuing a driver's license or
17permit when the purpose of the request relates to criminal
18activity other than violations of immigration laws.
19(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
 
20    (Text of Section after amendment by P.A. 103-210)
21    Sec. 11. Records.
22    (a) The Secretary may make a search of his records and
23furnish information as to whether a person has a current
24Standard Illinois Identification Card or an Illinois Person
25with a Disability Identification Card then on file, upon

 

 

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1receipt of a written application therefor accompanied with the
2prescribed fee. However, the Secretary may not disclose
3medical information concerning an individual to any person,
4public agency, private agency, corporation or governmental
5body unless the individual has submitted a written request for
6the information or unless the individual has given prior
7written consent for the release of the information to a
8specific person or entity. This exception shall not apply to:
9(1) offices and employees of the Secretary who have a need to
10know the medical information in performance of their official
11duties, or (2) orders of a court of competent jurisdiction.
12When medical information is disclosed by the Secretary in
13accordance with the provisions of this Section, no liability
14shall rest with the Office of the Secretary of State as the
15information is released for informational purposes only.
16    (b) Except as otherwise provided in this Section, the
17Secretary may release personally identifying information only
18to:
19        (1) officers and employees of the Secretary who have a
20    need to know that information for issuance of driver's
21    licenses, permits, or identification cards and
22    investigation of fraud or misconduct;
23        (2) other governmental agencies for use in their
24    official governmental functions;
25        (3) law enforcement agencies for a criminal or civil
26    investigation, except as restricted by subsections (g) and

 

 

SB3289- 12 -LRB103 36973 AWJ 67087 b

1    (h);
2        (3-5) the State Board of Elections as may be required
3    by an agreement the State Board of Elections has entered
4    into with a multi-state voter registration list
5    maintenance system; or
6        (4) any entity that the Secretary has authorized, by
7    rule.
8    (c) Except as otherwise provided in this Section, the
9Secretary may release highly restricted personal information
10only to:
11        (1) officers and employees of the Secretary who have a
12    need to access the information for the issuance of
13    driver's licenses, permits, or identification cards and
14    investigation of fraud or misconduct;
15        (2) law enforcement officials for a criminal or civil
16    law enforcement investigation, except as restricted by
17    subsections (g) and (h);
18        (3) the State Board of Elections for the purpose of
19    providing the signature for completion of voter
20    registration; or
21        (4) any other entity the Secretary has authorized by
22    rule.
23    (d) Documents required to be submitted with an application
24for an identification card to prove the applicant's identity
25(name and date of birth), social security number or lack of a
26social security number, written signature, residency, and, as

 

 

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1applicable, citizenship and immigration status and country of
2citizenship shall be confidential and shall not be disclosed
3except to the following persons:
4        (1) the individual to whom the identification card was
5    issued, upon written request;
6        (2) officers and employees of the Secretary of State
7    who have a need to have access to the stored images for
8    purposes of issuing and controlling driver's licenses,
9    permits, or identification cards and investigation of
10    fraud or misconduct;
11        (3) law enforcement officials for a civil or criminal
12    law enforcement investigation, except as restricted by
13    subsections (g) and (h);
14        (4) other entities that the Secretary may authorize by
15    rule.
16    (e) The Secretary may not disclose an individual's social
17security number or any associated information obtained from
18the Social Security Administration without the written request
19or consent of the individual except: (i) to officers and
20employees of the Secretary who have a need to know the social
21security number in the performance of their official duties;
22(ii) except as restricted by subsections (g) and (h) to law
23enforcement officials for a civil or criminal law enforcement
24investigation if an officer of the law enforcement agency has
25made a written request to the Secretary specifying the law
26enforcement investigation for which the social security number

 

 

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1is being sought; (iii) under a lawful court order signed by a
2judge; (iv) to the Illinois Department of Veterans' Affairs
3for the purpose of confirming veteran status to agencies in
4other states responsible for the issuance of state
5identification cards for participation in State-to-State
6verification service; or (v) the last 4 digits to the Illinois
7State Board of Elections for purposes of voter registration
8and as may be required pursuant to an agreement for a
9multi-state voter registration list maintenance system. The
10Secretary retains the right to require additional verification
11regarding the validity of a request from law enforcement. If
12social security information is disclosed by the Secretary in
13accordance with this Section, no liability shall rest with the
14Office of the Secretary of State or any of its officers or
15employees, as the information is released for official
16purposes only.
17    (f) The Secretary of State shall not provide facial
18recognition search services or photographs obtained in the
19process of issuing an identification card to any federal,
20State, or local law enforcement agency or other governmental
21entity for the purpose of enforcing federal immigration laws.
22This subsection shall not apply to requests from federal,
23State, or local law enforcement agencies or other governmental
24entities for facial recognition search services or photographs
25obtained in the process of issuing a driver's license or
26permit when the purpose of the request relates to criminal

 

 

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1activity other than violations of immigration laws.
2    (g) Notwithstanding any other provision of law, the
3Secretary may not release highly restricted personal
4information or personally identifying information or disclose
5documents described in subsection (d) to any immigration
6agent, as defined in Section 10 of the Illinois TRUST Act,
7unless necessary to comply with the following, to the extent
8that production of such information or documents is
9specifically required:
10        (1) a lawful court order;
11        (2) a judicial warrant signed by a judge appointed
12    pursuant to Article III of the Constitution of the United
13    States; or
14        (3) a subpoena for individual records issued by a
15    federal or State court.
16    When responding to such a court order, warrant, or
17subpoena, the Secretary shall disclose only those documents or
18information specifically requested. Within 3 business days of
19receiving such a court order, warrant, or subpoena, the
20Secretary shall send a notification to the individual about
21whom such information was requested that a court order,
22warrant, or subpoena was received and the identity of the
23entity that presented the court order, warrant, or subpoena.
24    As used in this subsection, "immigration agent" means an
25agent of the U.S. Immigration and Customs Enforcement, the
26U.S. Customs and Border Protection, or any similar or

 

 

SB3289- 16 -LRB103 36973 AWJ 67087 b

1successor agency.
2    (h) The Secretary shall not enter into or maintain any
3agreement regarding the sharing of any highly restricted
4personal information or personally identifying information or
5documents described in subsection (d) unless all other parties
6to such agreement certify that the information obtained will
7not be used for civil immigration purposes or knowingly
8disseminated to any third party for any purpose related to
9civil immigration enforcement.
10(Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
 
11    Section 45. The Illinois Vehicle Code is amended by
12changing Section 6-110.3 as follows:
 
13    (625 ILCS 5/6-110.3)
14    (This Section may contain text from a Public Act with a
15delayed effective date)
16    Sec. 6-110.3. Restrictions on use of information for
17certain purposes.
18    (a) Notwithstanding any other provision of law, the
19Secretary may not release or make accessible in any manner any
20highly restricted personal information as defined in Section
211-125.9 or personally identifying information as defined in
22Section 1-159.2, provide images, photos, or facial recognition
23services as described in Section 6-110.1, or disclose
24documents as described in Section 6-110.2 to any immigration

 

 

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1agent as defined in Section 10 of the Illinois TRUST Act,
2unless necessary to comply with the following, to the extent
3that production of such information or documents is
4specifically required:
5        (1) a lawful court order;
6        (2) a judicial warrant signed by a judge appointed
7    pursuant to Article III of the Constitution of the United
8    States; or
9        (3) a subpoena for individual records issued by a
10    federal or State court.
11    When responding to such a court order, warrant, or
12subpoena, the Secretary shall disclose only those documents or
13information specifically requested. Within 3 business days of
14receiving such a court order, warrant, or subpoena, the
15Secretary shall send a notification to the individual about
16whom such information was requested that a court order,
17warrant, or subpoena was received and the identity of the
18entity that presented the court order, warrant, or subpoena.
19    As used in this subsection, "immigration agent" means an
20agent of the U.S. Immigration and Customs Enforcement, the
21U.S. Customs and Border Protection, or any similar or
22successor agency.
23    (b) The Secretary shall not enter into or maintain any
24agreement regarding the sharing of any highly restricted
25personal information as defined in Section 1-125.9, personally
26identifying information as defined in Section 1-159.2, images

 

 

SB3289- 18 -LRB103 36973 AWJ 67087 b

1or photos described in Section 6-110.1, or documents described
2in Section 6-110.2 unless all other parties to such agreement
3certify that the information obtained will not be used for
4civil immigration purposes or knowingly disseminated to any
5third party for any purpose related to civil immigration
6enforcement.
7(Source: P.A. 103-210, eff. 7-1-24.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.