SB3289 103RD GENERAL ASSEMBLY

LRB103 36973 AWJ 67087 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3289

Introduced 2/7/2024, by Sen. Andrew S. Chesney

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 805/Act rep.
15 ILCS 335/11	from Ch. 124, par. 31
625 ILCS 5/6-110.3

Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.

A BILL FOR

AN ACT concerning government.

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 Immigration Enforcement Act.

Section 5. Definitions. As used in this Act:

"Immigration detainer is facially sufficient" means: (i) the federal immigration agency's official form is incomplete and fails to indicate on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law but is supported by an affidavit, order, or other official documentation that indicates that the federal immigration agency has probable cause to believe that the person to be detained is a removable alien under federal immigration law and the federal immigration agency supplies with its detention request a Form I-200 Warrant for Arrest of Alien, a Form I-205 Warrant of Removal/Deportation, a successor warrant, or other warrant authorized by federal law; or (ii) the federal immigration agency's official form is complete and indicates on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law.

"Law enforcement agency" means any entity with statutory police powers and the ability to employ individuals authorized to make arrests, including local and State agencies.

"Local entity" means a unit of local government, a school district, or a community college district.

"State entity," means the State of Illinois and all of its agencies, State universities and colleges, and all corporate outgrowths of the State.

Section 10. Prohibited policies regarding immigration enforcement. A State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. This includes prohibitions or restrictions on:

(1) inquiries into the immigration status of any person;

(2) transmitting, requesting, or receiving information relating to immigration status, lawful or unlawful, of any person to or from any federal immigration enforcement agency;

(3) maintaining, archiving, or otherwise storing for subsequent use information relating to an individual's immigration status;

(4) exchanging information relating to immigration status with another law enforcement agency, local entity, State entity, or a federal immigration agency;

(5) complying with an immigration detainer, including, but not limited to, refusing to cooperate or comply with a lawfully issued detainer in the absence of a warrant or other order directing compliance with or enforcement of such a detainer;

(6) complying with a request from a federal immigration agency to notify the agency before the release of an inmate;

(7) providing a federal immigration agency with an inmate's incarceration status or release date;

(8) assisting or cooperating with a federal immigration agency, including by providing enforcement assistance;

(9) participating in any program or agreement authorized under Section 287 of the federal Immigration and Nationality Act (8 U.S.C. 1357); or

(10) permitting a federal immigration officer to enter and conduct enforcement activities at a municipal jail, county jail, or Division of Corrections or rehabilitation facility involving or related to the enforcement of federal immigration laws.

Section 15. Mandatory duties of law enforcement agencies regarding immigration detainers.

(a) A law enforcement agency that takes initial custody of a person subject to an immigration detainer shall:

(1) provide notice to the court authorized to grant or deny the person's release on bail or bond that the person is subject to an immigration detainer;

(2) record in the person's case file that the person is subject to an immigration detainer; and

(3) upon determining that the immigration detainer is facially sufficient, comply with the requests made in the immigration detainer to the extent required by law.

(b) A law enforcement agency is not required to perform a duty imposed by subsection (a) with respect to a person who has been transferred to the custody of the agency by another law enforcement agency subject to the requirements of this section.

(c) A court of competent jurisdiction that receives notice that a person is subject to an immigration detainer shall record this information in the court record, regardless of whether the notice is received before or after a judgment in the case.

Section 20. Mandatory agreements for housing persons subject to immigration detainers.

(a) Each county jail, municipal jail, and the Department of Corrections shall enter into an agreement with a federal immigration agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons.

(b) A agreement under this Section must include a contract with a federal immigration agency for housing or detaining persons subject to immigration detainers, such as basic ordering agreements, intergovernmental service agreements, agreements authorized by Section 287 of the federal Immigration and Nationality Act (8 U.S.C. 1357), successor agreements, or other similar agreements authorized by federal law.

Section 25. Implementation; discrimination prohibited.

(a) This Act shall be implemented in a manner consistent with federal laws and regulations governing immigration, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens.

(b) A State entity, local entity, or law enforcement agency and a person employed by or otherwise under the direction or control of a State entity, local entity, or law enforcement agency may not base the entity's, agency's, or person's actions under this Act on the gender, race, color, religion, language, national origin, or physical disability of a person except to the extent authorized by the United States Constitution, the constitution and laws of this State, or other applicable federal law.

Section 30. Home rule. The regulation of immigration enforcement is an exclusive power and function of the State. A home rule unit may not regulate immigration enforcement. This Act is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(5 ILCS 805/Act rep.)

Section 35. The Illinois TRUST Act is repealed.

Section 40. The Illinois Identification Card Act is amended by changing Section 11 as follows:

(15 ILCS 335/11) (from Ch. 124, par. 31)

(Text of Section before amendment by P.A. 103-210)

Sec. 11. Records.

(a) The Secretary may make a search of his records and furnish information as to whether a person has a current Standard Illinois Identification Card or an Illinois Person with a Disability Identification Card then on file, upon receipt of a written application therefor accompanied with the prescribed fee. However, the Secretary may not disclose medical information concerning an individual to any person, public agency, private agency, corporation or governmental body unless the individual has submitted a written request for the information or unless the individual has given prior written consent for the release of the information to a specific person or entity. This exception shall not apply to: (1) offices and employees of the Secretary who have a need to know the medical information in performance of their official duties, or (2) orders of a court of competent jurisdiction. When medical information is disclosed by the Secretary in accordance with the provisions of this Section, no liability shall rest with the Office of the Secretary of State as the information is released for informational purposes only.

(b) Except as otherwise provided in this Section, the Secretary may release personally identifying information only to:

(1) officers and employees of the Secretary who have a need to know that information for issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(2) other governmental agencies for use in their official governmental functions;

(3) law enforcement agencies for a criminal or civil investigation;

(3-5) the State Board of Elections as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system; or

(4) any entity that the Secretary has authorized, by rule.

(c) Except as otherwise provided in this Section, the Secretary may release highly restricted personal information only to:

(1) officers and employees of the Secretary who have a need to access the information for the issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(2) law enforcement officials for a criminal or civil law enforcement investigation;

(3) the State Board of Elections for the purpose of providing the signature for completion of voter registration; or

(4) any other entity the Secretary has authorized by rule.

(d) Documents required to be submitted with an application for an identification card to prove the applicant's identity (name and date of birth), social security number, written signature, residency, and, as applicable, proof of lawful status shall be confidential and shall not be disclosed except to the following persons:

(1) the individual to whom the identification card was issued, upon written request;

(2) officers and employees of the Secretary of State who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(3) law enforcement officials for a civil or criminal law enforcement investigation;

(4) other entities that the Secretary may authorize by rule.

(e) The Secretary may not disclose an individual's social security number or any associated information obtained from the Social Security Administration without the written request or consent of the individual except: (i) to officers and employees of the Secretary who have a need to know the social security number in the performance of their official duties; (ii) to law enforcement officials for a civil or criminal law enforcement investigation if an officer of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security number is being sought; (iii) under a lawful court order signed by a judge; (iv) to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status to agencies in other states responsible for the issuance of state identification cards for participation in State-to-State verification service; or (v) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. The Secretary retains the right to require additional verification regarding the validity of a request from law enforcement. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.

(f) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws.

(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)

(Text of Section after amendment by P.A. 103-210)

Sec. 11. Records.

(a) The Secretary may make a search of his records and furnish information as to whether a person has a current Standard Illinois Identification Card or an Illinois Person with a Disability Identification Card then on file, upon receipt of a written application therefor accompanied with the prescribed fee. However, the Secretary may not disclose medical information concerning an individual to any person, public agency, private agency, corporation or governmental body unless the individual has submitted a written request for the information or unless the individual has given prior written consent for the release of the information to a specific person or entity. This exception shall not apply to: (1) offices and employees of the Secretary who have a need to know the medical information in performance of their official duties, or (2) orders of a court of competent jurisdiction. When medical information is disclosed by the Secretary in accordance with the provisions of this Section, no liability shall rest with the Office of the Secretary of State as the information is released for informational purposes only.

(b) Except as otherwise provided in this Section, the Secretary may release personally identifying information only to:

(1) officers and employees of the Secretary who have a need to know that information for issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(2) other governmental agencies for use in their official governmental functions;

(3) law enforcement agencies for a criminal or civil investigation, except as restricted by subsections (g) and (h);

(3-5) the State Board of Elections as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system; or

(4) any entity that the Secretary has authorized, by rule.

(c) Except as otherwise provided in this Section, the Secretary may release highly restricted personal information only to:

(1) officers and employees of the Secretary who have a need to access the information for the issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(2) law enforcement officials for a criminal or civil law enforcement investigation, except as restricted by subsections (g) and (h);

(3) the State Board of Elections for the purpose of providing the signature for completion of voter registration; or

(4) any other entity the Secretary has authorized by rule.

(d) Documents required to be submitted with an application for an identification card to prove the applicant's identity (name and date of birth), social security number or lack of a social security number, written signature, residency, and, as applicable, citizenship and immigration status and country of citizenship shall be confidential and shall not be disclosed except to the following persons:

(1) the individual to whom the identification card was issued, upon written request;

(2) officers and employees of the Secretary of State who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(3) law enforcement officials for a civil or criminal law enforcement investigation, except as restricted by subsections (g) and (h);

(4) other entities that the Secretary may authorize by rule.

(e) The Secretary may not disclose an individual's social security number or any associated information obtained from the Social Security Administration without the written request or consent of the individual except: (i) to officers and employees of the Secretary who have a need to know the social security number in the performance of their official duties; (ii) except as restricted by subsections (g) and (h) to law enforcement officials for a civil or criminal law enforcement investigation if an officer of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security number is being sought; (iii) under a lawful court order signed by a judge; (iv) to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status to agencies in other states responsible for the issuance of state identification cards for participation in State-to-State verification service; or (v) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. The Secretary retains the right to require additional verification regarding the validity of a request from law enforcement. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.

(f) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws.

(g) Notwithstanding any other provision of law, the Secretary may not release highly restricted personal information or personally identifying information or disclose documents described in subsection (d) to any immigration agent, as defined in Section 10 of the Illinois TRUST Act, unless necessary to comply with the following, to the extent that production of such information or documents is specifically required:

(1) a lawful court order;

(2) a judicial warrant signed by a judge appointed pursuant to Article III of the Constitution of the United States; or

(3) a subpoena for individual records issued by a federal or State court.

When responding to such a court order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically requested. Within 3 business days of receiving such a court order, warrant, or subpoena, the Secretary shall send a notification to the individual about whom such information was requested that a court order, warrant, or subpoena was received and the identity of the entity that presented the court order, warrant, or subpoena.

As used in this subsection, "immigration agent" means an agent of the U.S. Immigration and Customs Enforcement, the U.S. Customs and Border Protection, or any similar or successor agency.

(h) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or documents described in subsection (d) unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement.

(Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)

Section 45. The Illinois Vehicle Code is amended by changing Section 6-110.3 as follows:

(625 ILCS 5/6-110.3)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 6-110.3. Restrictions on use of information for certain purposes.

(a) Notwithstanding any other provision of law, the Secretary may not release or make accessible in any manner any highly restricted personal information as defined in Section 1-125.9 or personally identifying information as defined in Section 1-159.2, provide images, photos, or facial recognition services as described in Section 6-110.1, or disclose documents as described in Section 6-110.2 to any immigration agent as defined in Section 10 of the Illinois TRUST Act, unless necessary to comply with the following, to the extent that production of such information or documents is specifically required:

(1) a lawful court order;

(2) a judicial warrant signed by a judge appointed pursuant to Article III of the Constitution of the United States; or

(3) a subpoena for individual records issued by a federal or State court.

When responding to such a court order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically requested. Within 3 business days of receiving such a court order, warrant, or subpoena, the Secretary shall send a notification to the individual about whom such information was requested that a court order, warrant, or subpoena was received and the identity of the entity that presented the court order, warrant, or subpoena.

As used in this subsection, "immigration agent" means an agent of the U.S. Immigration and Customs Enforcement, the U.S. Customs and Border Protection, or any similar or successor agency.

(b) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information as defined in Section 1-125.9, personally identifying information as defined in Section 1-159.2, images or photos described in Section 6-110.1, or documents described in Section 6-110.2 unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement.

(Source: P.A. 103-210, eff. 7-1-24.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect upon becoming law.