(20 ILCS 4112/5)

(Section scheduled to be repealed on July 1, 2025)

Sec. 5. Purpose; findings.

(a) The State is committed to fair and equal treatment of all individuals, and, in particular, of individuals at risk of removal and separation from their families through the federal immigration detention and deportation system.

(b) While an individual in removal proceedings has the right to legal representation, the representation is at the individual's own expense and may be beyond the financial capacity of low-income households.

(c) Nearly two-thirds of all individuals facing immigration removal proceedings throughout the United States lack legal representation. Among the individuals in immigration detention, only one in 6 individuals were represented by counsel. Among the individuals facing removal proceedings in this State, less than one in 3 individuals, generally, and less than one in 8 individuals in detention were represented by counsel.

(d) Legal representation is essential to effective identification and presentation of avenues for release from detention and relief from removal. Individuals in immigration detention are 4 times more likely to win release if represented by legal counsel than individuals without representation by legal counsel. In removal proceedings, detained individuals are 11 times more likely to succeed in claims for relief if represented by legal counsel than individuals without representation by legal counsel.

(e) Legal representation in removal proceedings has improved the efficiency of the proceedings and the administration of justice as individuals are better able to present their defenses and claims for relief.

(f) It is the public policy of this State that all covered individuals should have the right to ongoing legal representation in covered proceedings. This right to counsel should include provisions of funds sufficient to ensure that legal service providers are funded to:

(1) engage support staff, interpretation staff, and investigative staff;

(2) contract as reasonably necessary with independent experts, including country conditions experts and forensic medical experts; and

(3) contract as reasonably necessary with social service providers providing supportive and rehabilitative services to covered individuals during the course of their removal proceedings.

(g) This State should establish a program and a dedicated fund to provide the legal services described in subsection (f).

(Source: P.A. 102-827, eff. 5-13-22.)