HJ0221 101ST GENERAL ASSEMBLY

HJ0221 LRB101 11702 MST 58209 r

HOUSE JOINT RESOLUTION

WHEREAS, The Constitution of the State of Illinois of 1970 Article 1 Section 2 protects the rights of due process of individuals in Illinois; SECTION 2. DUE PROCESS AND EQUAL PROTECTION "No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws."; and

WHEREAS, The Constitution of Illinois Article 1 Section 2 does not contradict the U.S. Constitution protections afforded to all Americans by the Fifth and Fourteenth amendments; and

WHEREAS, The Supreme Court has held that the Due Process Clause applies to all noncitizens in the United States Constitution; "Aliens, even Aliens whose presence in this country is unlawful, have long been recognized as 'persons' guaranteed due process of law by the Fifth and Fourteenth Amendments" Pyler v. Doe, U.S. 202, 210 (1982); and

WHEREAS, The Supreme Court has recognized family unity as a necessary protected interest by the United States Constitution; "There is a fundamental liberty interest of natural parents in the care, custody and management of their child"; Santosky v. Kramer, 455 U.S. 745, 753 (1982); and

WHEREAS, Illinois serves as the third largest recipient of federal grants for detention centers in the United States; and

WHEREAS, "Illinois agencies received nearly $90 million in federal grants in the last two fiscal years to help resettle unaccompanied minors coming to the U.S." as reported by ABC 7 News Chicago; and

WHEREAS, "In 2017, the American Pediatric Association released a statement, "Immigrant children seeking safe haven in the United States should never be placed in detention facilities. Studies of detained immigrants have shown that children and parents may suffer negative physical and emotional symptoms from detention, including anxiety, depression and posttraumatic stress disorder. Conditions in U.S. detention facilities, which include forcing children to sleep on cement floors, open toilets, constant light exposure, insufficient food and water, no bathing facilities, and extremely cold temperatures, are traumatizing for children. No child should ever have to endure these conditions."; and

WHEREAS, Currently, Illinois participates in detaining children under the federal government's Zero Tolerance Policy by way of providing facilities for detention funded by federal grants; and

WHEREAS, ICE (U.S. Immigration and Customs Enforcement) is an agency created in 2003 by the Department of Homeland Security, through the Homeland Security Act of 2002; and

WHEREAS, The Homeland Security Act is a Congressional legislation, and the creation of ICE is administrative creation for enforcement; and

WHEREAS, ICE is the official enforcement arm of the Custom Border Patrol under Homeland Security that identifies and separates children and places them in Illinois detention centers; and

WHEREAS, ICE has protocols titled the Parental Directive to aid in communication between child detainees and their parents, but they have not been followed, resulting in numerous children in Illinois unable to be reunified with families or communicate in a timely manner; and

WHEREAS, ICE has contracts of interservice agreements/contracts with Illinois local agencies such as the Illinois State Police and the DMV to share information, yielding names of individuals who may be detained and separated from their children while held in detention centers; and

WHEREAS, In Manigault v. Springs, the Supreme Court said, It is the settled law of this court that the interdiction of statutes impairing the obligation of contracts does not prevent the State from exercising such powers as are vested in it for the promotion of the common weal, or are necessary for the general good of the public, though contracts previously entered into between individuals may thereby be affected. This power, which in its various ramifications is known as the police power, is an exercise of the sovereign right of the Government to protect the lives, health, morals, comfort and general welfare of the people, and is paramount to any rights under contracts between individuals. 480. 34. 290 U.S. at 438; and

WHEREAS, The Supreme Court further cited Home Building & Loan Association v. Blaisdell 290 U.S. 398 (1934); in upholding the legislation, the Court established new standards by which to evaluate the validity of legislation impairing the obligations of contracts; the inquiry is not simply whether an obligation is impaired, but rather "whether the legislation is addressed to a legitimate end, and the measures taken are reasonable and appropriate to that end." This flexible standard allows the Court to construe the contract; The legitimacy of the ends and the reasonableness of the means were judged by the following five factors: (1) an emergency must exist that furnishes a "proper occasion for the exercise of the reserved power of the State to protect the vital interests of the community, (2) the legislation must be for the protection of a basic interest of society, not for the mere advantage of particular individuals, (3) the relief must be appropriate to the character of the emergency that existed, (4) the conditions of the legislation must be reasonable, and (5) the legislation must be temporary and limited to the exigency that called it forth; and

WHEREAS, The State of Illinois has a right to review contracts and operations of detention centers that are causing harm to Illinois youth on Illinois soil; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is created the ICE Monitoring Task Force whose purpose is the following:

(1) Review ICE practices and procedures within the State;

(2) Review the use and condition of detention centers in Illinois; and

(3) Review all ICE contracts in Illinois, including those with Private Detention Centers, the Illinois State Police, and the Department of Motor Vehicles; and be it further

RESOLVED, That the Task Force shall consist of the following members, who shall serve without compensation:

(1) Two members nominated by the Latino Policy Forum and appointed by the Speaker of the House, one of whom shall serve as co-chair;

(2) Two members nominated by the Loyola Civitas Child Law Center and appointed by the Minority Leader of the House, one of whom shall serve as co-chair;

(3) Two members nominated by the ACLU and appointed by the Senate President;

(4) One member nominated by Arab American Family Services and appointed by the Senate Minority Leader;

(5) One member nominated by the National Immigration Law and Justice Center and appointed by the Speaker of the House; and

(6) One member nominated by the Illinois Coalition for Immigrants and Refugee Rights and appointed by the Minority Leader of the House; and be it further

RESOLVED, That the Task Force shall meet for the first time at the call of the co-chairs; and be it further

RESOLVED, That the Illinois Department of Human Rights shall provide administrative support; and be it further

RESOLVED, That the Task Force shall submit its final report to the General Assembly and the Governor no later than December 31, 2019, and, upon the filing of its report, is dissolved.