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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0667 Introduced 2/25/2021, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
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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 |
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| | SB0667 | | LRB102 12147 KMF 17484 b |
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| 1 | | AN ACT concerning immigration.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois TRUST Act is amended by changing |
| 5 | | Section 10 as follows:
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| 6 | | (5 ILCS 805/10)
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| 7 | | Sec. 10. Definitions. In this Act: |
| 8 | | "Immigration detainer" means a request to a State or local |
| 9 | | law enforcement agency to provide notice of release or |
| 10 | | maintain custody of an individual based on an alleged |
| 11 | | violation of a civil immigration law, including detainers |
| 12 | | issued pursuant to Sections 1226 or 1357 of Title 8 of the |
| 13 | | United States Code or Sections 287.7 or 236.1 of Title 8 of the |
| 14 | | Code of Federal Regulations. An immigration detainer includes, |
| 15 | | but is not limited to, Form I-247A (Immigration Detainer – |
| 16 | | Notice of Action form) and any predecessor or successor form. |
| 17 | | a document issued by an immigration agent that is not approved |
| 18 | | or ordered by a judge and requests a law enforcement agency or |
| 19 | | law enforcement official to provide notice of release or |
| 20 | | maintain custody of a person, including a detainer issued |
| 21 | | under Section 1226 or 1357 of Title 8 of the United States Code |
| 22 | | or Section 236.1 or 287.7 of Title 8 of the Code of Federal |
| 23 | | Regulations. |
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| | SB0667 | - 2 - | LRB102 12147 KMF 17484 b |
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| 1 | | "Law enforcement agency" means an agency of the State or |
| 2 | | of a unit of local government charged with enforcement of |
| 3 | | State, county, or municipal laws or with managing custody of |
| 4 | | detained persons in the State. |
| 5 | | "Law enforcement official" means any individual with the |
| 6 | | power to arrest or detain individuals, including law |
| 7 | | enforcement officers, county corrections officer, and others |
| 8 | | employed or designated by a law enforcement agency. |
| 9 | | "Non-judicial immigration warrant" means an immigration |
| 10 | | warrant of arrest, order to detain or release aliens, notice |
| 11 | | of custody determination, notice to appear, removal order, |
| 12 | | warrant of removal, or any other document that can form the |
| 13 | | basis for an individual's arrest or detention for a civil |
| 14 | | immigration enforcement purpose. A civil immigration warrant |
| 15 | | includes, but is not limited to, Form I-200 (Warrant for the |
| 16 | | Arrest of Alien), Form I-205 (Warrant of Removal/Deportation), |
| 17 | | any predecessor or successor form, and all warrants, hits, or |
| 18 | | requests contained in the Immigration Violator File of the |
| 19 | | National Crime Information Center database of the Federal |
| 20 | | Bureau of Investigations. "Non-judicial immigration warrant" |
| 21 | | does not include any criminal warrant issued upon a judicial |
| 22 | | determination of probable cause, and in compliance with the |
| 23 | | requirements of the 4th Amendment to the United States |
| 24 | | Constitution and Section 6 of Article I of the Illinois |
| 25 | | Constitution. a Form I-200 or I-205 administrative warrant or |
| 26 | | any other immigration warrant or request that is not approved |