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| 1 | AN ACT concerning government.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Illinois TRUST Act. | ||||||
| 6 | Section 5. Legislative Purpose. Recognizing that State law | ||||||
| 7 | does not currently grant State or local law enforcement the | ||||||
| 8 | authority to enforce federal civil immigration laws, it is the | ||||||
| 9 | intent of the General Assembly that nothing in this Act shall | ||||||
| 10 | be construed to authorize any law enforcement agency or law | ||||||
| 11 | enforcement official to enforce federal civil immigration law. | ||||||
| 12 | This Act shall not be construed to prohibit or restrict any | ||||||
| 13 | entity from sending to, or receiving from, the United States | ||||||
| 14 | Department of Homeland Security or other federal, State, or | ||||||
| 15 | local government entity information regarding the citizenship | ||||||
| 16 | or immigration status of any individual under Sections 1373 and | ||||||
| 17 | 1644 of Title 8 of the United States Code. Further, nothing in | ||||||
| 18 | this Act shall prevent a law enforcement officer from | ||||||
| 19 | contacting another law enforcement agency for the purposes of | ||||||
| 20 | clarifying or confirming the nature and status of possible | ||||||
| 21 | offenses in a record provided by the National Crime Information | ||||||
| 22 | Center, or detaining someone based on a notification in the Law | ||||||
| 23 | Enforcement Agencies Data Administrative System unless it is | ||||||
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| 1 | clear that request is based on a non-judicial immigration | ||||||
| 2 | warrant. | ||||||
| 3 | Section 10. Definitions. In this Act: | ||||||
| 4 | "Immigration detainer" means a document issued by an | ||||||
| 5 | immigration agent that is not approved or ordered by a judge | ||||||
| 6 | and requests a law enforcement agency or law enforcement | ||||||
| 7 | official to provide notice of release or maintain custody of a | ||||||
| 8 | person, including a detainer issued under Section 1226 or 1357 | ||||||
| 9 | of Title 8 of the United States Code or Section 236.1 or 287.7 | ||||||
| 10 | of Title 8 of the Code of Federal Regulations. | ||||||
| 11 | "Law enforcement agency" means an agency of the State or of | ||||||
| 12 | a unit of local government charged with enforcement of State, | ||||||
| 13 | county, or municipal laws or with managing custody of detained | ||||||
| 14 | persons in the State. | ||||||
| 15 | "Law enforcement official" means any individual with the | ||||||
| 16 | power to arrest or detain individuals, including law | ||||||
| 17 | enforcement officers, county corrections officer, and others | ||||||
| 18 | employed or designated by a law enforcement agency. | ||||||
| 19 | "Non-judicial immigration warrant" means a Form I-200 or | ||||||
| 20 | I-205 administrative warrant or any other immigration warrant | ||||||
| 21 | or request that is not approved or ordered by a judge, | ||||||
| 22 | including administrative warrants entered into the Federal | ||||||
| 23 | Bureau of Investigation's National Crime Information Center | ||||||
| 24 | database. | ||||||
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| 1 | Section 15. Prohibition on enforcing federal civil | ||||||
| 2 | immigration laws.
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| 3 | (a) A law enforcement agency or law enforcement official | ||||||
| 4 | shall not detain or continue to detain any individual solely on | ||||||
| 5 | the basis of any immigration detainer or non-judicial | ||||||
| 6 | immigration warrant or otherwise comply with an immigration | ||||||
| 7 | detainer or non-judicial immigration warrant. | ||||||
| 8 | (b) A law enforcement agency or law enforcement official | ||||||
| 9 | shall not stop, arrest, search, detain, or continue to detain a | ||||||
| 10 | person solely based on an individual's citizenship or | ||||||
| 11 | immigration status. | ||||||
| 12 | (c) This Section 15 does not apply if a law enforcement | ||||||
| 13 | agency or law enforcement official is presented with a valid, | ||||||
| 14 | enforceable federal warrant. Nothing in this Section 15 | ||||||
| 15 | prohibits communication between federal agencies or officials | ||||||
| 16 | and law enforcement agencies or officials. | ||||||
| 17 | (d) A law enforcement agency or law enforcement official | ||||||
| 18 | acting in good faith in compliance with this Section who | ||||||
| 19 | releases a person subject to an immigration detainer or | ||||||
| 20 | non-judicial immigration warrant shall have immunity from any | ||||||
| 21 | civil or criminal liability that might otherwise occur as a | ||||||
| 22 | result of making the release, with the exception of willful or | ||||||
| 23 | wanton misconduct. | ||||||
| 24 | Section 20. Law enforcement training. By January 1, 2018, | ||||||
| 25 | every law enforcement agency shall provide guidance to its law | ||||||
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| 1 | enforcement officials on compliance with Section 15 of this | ||||||
| 2 | Act.
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| 3 | Section 99. Effective date. This Act takes effect upon | ||||||
| 4 | becoming law.
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