101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3774

 

Introduced 2/14/2020, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 805/10

    Amends the Illinois TRUST Act. Modifies the definitions of "immigration detainer" and "non-judicial immigration warrant" for purposes of the Act. Effective immediately.


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A BILL FOR

 

SB3774LRB101 20555 RLC 70172 b

1    AN ACT concerning immigration.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois TRUST Act is amended by changing
5Section 10 as follows:
 
6    (5 ILCS 805/10)
7    Sec. 10. Definitions. In this Act:
8    "Immigration detainer" means a request to a State or local
9law enforcement agency to provide notice of release or maintain
10custody of an individual based on an alleged violation of a
11civil immigration law, including detainers issued pursuant to
12Sections 1226 or 1357 of Title 8 of the United States Code or
13Sections 287.7 or 236.1 of Title 8 of the Code of Federal
14Regulations. An immigration detainer includes, but is not
15limited to, Form I-247A (Immigration Detainer – Notice of
16Action form) and any predecessor or successor form. a document
17issued by an immigration agent that is not approved or ordered
18by a judge and requests a law enforcement agency or law
19enforcement official to provide notice of release or maintain
20custody of a person, including a detainer issued under Section
211226 or 1357 of Title 8 of the United States Code or Section
22236.1 or 287.7 of Title 8 of the Code of Federal Regulations.
23    "Law enforcement agency" means an agency of the State or of

 

 

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1a unit of local government charged with enforcement of State,
2county, or municipal laws or with managing custody of detained
3persons in the State.
4    "Law enforcement official" means any individual with the
5power to arrest or detain individuals, including law
6enforcement officers, county corrections officer, and others
7employed or designated by a law enforcement agency.
8    "Non-judicial immigration warrant" means an immigration
9warrant of arrest, order to detain or release aliens, notice of
10custody determination, notice to appear, removal order,
11warrant of removal, or any other document that can form the
12basis for an individual's arrest or detention for a civil
13immigration enforcement purpose. A civil immigration warrant
14includes, but is not limited to, Form I-200 (Warrant for the
15Arrest of Alien), Form I-205 (Warrant of Removal/Deportation),
16any predecessor or successor form, and all warrants, hits, or
17requests contained in the Immigration Violator File of the
18National Crime Information Center database of the Federal
19Bureau of Investigations. "Non-judicial immigration warrant"
20does not include any criminal warrant issued upon a judicial
21determination of probable cause, and in compliance with the
22requirements of the 4th Amendment to the United States
23Constitution and Section 6 of Article I of the Illinois
24Constitution. a Form I-200 or I-205 administrative warrant or
25any other immigration warrant or request that is not approved
26or ordered by a judge, including administrative warrants

 

 

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1entered into the Federal Bureau of Investigation's National
2Crime Information Center database.
3(Source: P.A. 100-463, eff. 8-28-17.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.