HB1637 101ST GENERAL ASSEMBLY

LRB101 08464 SLF 53540 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1637

Introduced , by Rep. Emanuel Chris Welch

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.

A BILL FOR

AN ACT concerning immigration.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Keep Illinois Families Together Act.

Section 5. Findings. The General Assembly makes the following findings:

(1) The State of Illinois is committed to ensuring that all residents of this State are treated equally notwithstanding race, religion, national origin, disability status, sexual orientation, gender, or immigration status.

(2) All residents of this State are entitled to live with dignity and without fear.

(3) Immigrants are valuable and essential members of the Illinois community and should be able to live full and productive lives without fear of the government.

(4) A relationship of trust between this State's immigrant community and State and local agencies is central to the public safety of the people of Illinois. This trust is threatened when State and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear going to court, seeking basic health or other services, or pursuing education to the detriment of public safety and the well-being of all residents.

(5) The General Assembly shall continue to strive to create an environment where all residents are protected to the best of this State's ability.

Section 10. Model policies for certain facilities.

(a) In accordance with the Illinois Administrative Procedure Act, 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.

(5) Courthouses.

(b) Within 90 days of the adoption of the rules described in subsection (a), the Attorney General shall publish model policies for the categories of facilities described in subsection (a) that provides guidance on compliance with the adopted rules and any other best practices for limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and State law. All facilities shall implement the model policy or an equivalent policy that is in compliance with the adopted rule.

(c) All other organizations and entities that provide services related to physical or mental health and wellness or education are encouraged to adopt the appropriate model policy published under subsection (b).

(d) In this Section, "immigration enforcement" includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law including any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in, the United States.

Section 15. Information collection and confidentiality.

(a) Within 6 months of the effective date of this 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.

(b) The review described in subsection (a) shall include a review of all applications, questionnaires, and interview forms used in relation to benefits, opportunities, or services provided by a State agency, or to in-State or in-district tuition verification, scholarship, grant, or service provided by a public elementary or secondary school or public institution of higher education. Within 6 months after the effective date of this Act, all State agencies, public schools, and public institutions of higher education shall remove any questions regarding citizenship or immigration status from any application, questionnaire, and interview form, other than those questions required by statute, ordinance, federal law, or court order. No State agency, public school, or public institution of higher education may add any question regarding citizenship or immigration status to any application, questionnaire, or interview form unless those questions are required by statute, ordinance, federal law, or court order.

(c) Any further necessary changes to agency, school, or institutional confidentiality and data collection policies must be made within one year of the effective date of this Act, consistent with agency, school, or institutional procedures. These policies must restrict any public employee from making services conditional upon, or requesting information or proof regarding a person's immigration or citizenship status or place of birth, except as required by statute, ordinance, federal law, or court order. These policies must also require that public services are available to, and public employees must serve, all Illinois residents without regard to immigration or citizenship status.

Section 20. Public safety.

(a) In this Section:

"Immigration agent" means an agent of federal Immigration and Customs Enforcement, federal Customs and Border Protection, an individual authorized to conduct enforcement of civil immigration laws under 8 U.S.C. 1357(g) or any other federal law, any other federal agent charged with enforcement of civil immigration laws, or any successor.

"Immigration enforcement operation" means any operation that has as one of its objectives the identification or apprehension of a person or persons: (1) in order to subject such person or persons to civil immigration detention, removal proceedings and removal from the United States; or (2) to criminally prosecute a person or persons for offenses related to immigration status, including but not limited to violations of 8 U.S.C. 1253, 1304, 1306(a) and (b), 1325, or 1326.

"Law enforcement agency" means an agency in this State charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State, including municipal police departments, sheriff's departments, campus police departments, the Department of State Police, and the Department of Juvenile Justice.

"Law enforcement official" means any officer or other agent of a State or local law enforcement agency authorized to enforce criminal laws, rules, regulations, or local ordinances or operate jails, correctional facilities, or juvenile detention facilities or to maintain custody of individuals in jails, correctional facilities, or juvenile detention facilities also including any school resource officer or other police or security officer assigned to any public school, including any public pre-school and other early learning program, public elementary and secondary school, or public institution of higher education.

(b) 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. Nothing in this subsection (b) shall be construed to limit the ability of a law enforcement agency or official to inform a person in the law enforcement agency's custody about that person's right to communicate with consular officers from that person's country of nationality, or facilitate such communication, in accordance with the Vienna Convention on Consular Relations.

(c) A law enforcement agency or official may not participate in immigration enforcement operations, including any collateral assistance such as establishing a traffic perimeter surrounding such operations. A law enforcement agency or official may not provide to any immigration agent any information regarding persons who may be the subject of immigration enforcement operations.

(d) A law enforcement agency or official may not enter into an agreement under 8 U.S.C. 1357(g) or any other federal law that permits State or local governmental entities to enforce federal civil immigration laws.

(e) A law enforcement agency or official may not:

(1) give any immigration agent access to any individual in that agency's custody;

(2) transfer any person into an immigration agent's custody;

(3) permit immigration agents use of agency facilities or equipment, including any agency electronic databases not available to the public, for investigative interviews or other investigative or immigration enforcement purpose;

(4) respond to any immigration agent's inquiry or request for information regarding any individual in the agency's custody; or

(5) provide to any immigration agent information regarding any individual's release contact information, or otherwise facilitate an immigration agent to apprehend an individual for immigration enforcement.

(f) Notwithstanding any other provision of this Section, if an immigration agent presents to a law enforcement official or law enforcement agency a criminal warrant, the law enforcement official or law enforcement agency may conduct any of the activities listed in subsections (b), (c), or (e) or otherwise communicate or coordinate with an immigration agent solely for assisting with that specific purpose.

(g) A law enforcement agency may not deny services, benefits, privileges, or opportunities to individuals in custody, or under community custody or probation status, on the basis of the presence of an immigration detainer or non-judicial immigration warrant as defined in Section 10 of the Illinois TRUST Act.

(h) Nothing in this Section shall preclude a law enforcement official from otherwise executing that official's duties in ensuring public safety.