103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1472

 

Introduced 2/7/2023, by Sen. Rachel Ventura

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Noncitizens Rights Act. Prohibits an agent or agency from requesting information about or otherwise investigating or assisting in the investigation of the citizenship or immigration status of any person unless such inquiry or investigation is required by State statute, federal regulation, or court decision. Restricts a law enforcement or other agency of the State or other local government from inquiring into the immigration status of a person who interacts with a governmental agency. Requires law enforcement and other government offices that regularly have people walk in to report violations of law or to complain about government operations to prominently post signs describing the government's policy of not asking about an individual's immigration status. Provides that no agency or assigned counsel shall disclose information regarding the citizenship or immigration status of a person unless required to do so by legal process or when such a disclosure has been authorized in writing by the individual to whom such information pertains. Allows law enforcement officers to inquire into the immigration status of a person under specified circumstances. Provides that no agent, agency, or local government employee shall condition the receipt of benefits, opportunities, or services provided by the State on matters related to citizenship or immigration status unless required to do so by statute, federal regulation, or court decision. Provides that where presentation of a State driver's license or State issued government identification card is accepted as adequate evidence of identity, presentation of photo identity documents issued by the person's nation of origin shall be accepted and shall not subject the person to a higher scrutiny or different treatment than if the person had provided a State driver's license or government identification card. Establishes prohibited State or federal agency or agent actions. Authorizes an agency or agent to communicate with ICE in order to determine whether a matter involves enforcement based solely on a violation of civil immigration law. Establishes provisions related to liability and remedies for violations of the Act. Sets forth requirements for the removal of files maintained by agencies when such files contain information regarding citizenship or immigration status.


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A BILL FOR

 

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1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Noncitizens Rights Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Administrative warrant" means an immigration warrant
8issued by the Immigration and Customs Enforcement Agency, or a
9successor or similar federal agency charged with enforcement
10of civil immigration law, used as a noncriminal warrant for
11immigration purposes.
12    "Agency" means every State department, agency, division,
13council, committee, board, other body, or person established
14by authority of statute, executive order, or administrative
15rules.
16    "ICE" means the United States Immigration and Customs
17Enforcement Agency and shall include any successor agency
18charged with the enforcement of civil immigration law.
19    "Immigration detainer" means an official request issued by
20ICE, or other federal agency charged with the enforcement of
21civil immigration laws, to another federal, State, or local
22law enforcement agency to detain an individual based on a
23violation of civil immigration law.

 

 

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1    "Investigation of the citizenship or immigration status"
2means questions of United States citizenship, citizenship of
3any other country, legal right to reside or otherwise be
4present in the United States, and the time or manner of a
5person's entry into the United States.
6    "Local government" means the government of municipalities,
7counties, and all other subdivisions of government through the
8State.
 
9    Section 10. Prohibited status requests.
10    (a) No agent or agency shall request information about or
11otherwise investigate or assist in the investigation of the
12citizenship or immigration status of any person unless such
13inquiry or investigation is required by State statute, federal
14regulation, or court decision. Notwithstanding this
15subsection, the State may investigate and inquire about
16immigration status when such an investigation or inquiry is
17relevant to potential or actual litigation or an
18administrative proceeding in which the State is or may be a
19party to. If an individual's immigration status is relevant,
20the assigned counsel is not permitted to discuss the
21immigration or citizenship status to any State or federal law
22enforcement unless the investigation pertains to a violent
23crime.
24    (b) No law enforcement or other agency of the State or
25other local government shall inquire into the immigration

 

 

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1status of any person who interacts with a governmental agency,
2or ask for the person's social security number or other
3information that would disclose an individual's immigration
4status.
5    (c) Law enforcement and other government offices that
6regularly have people walk in to report violations of law or to
7complain about government operations shall prominently post
8signs describing the government's policy of not asking about
9an individual's immigration status.
 
10    Section 15. Disclosing prohibited information. Except as
11otherwise provided under applicable federal law, no agency or
12assigned counsel shall disclose information regarding the
13citizenship or immigration status of any person unless
14required to do so by legal process or when such a disclosure
15has been authorized in writing by the individual whom such
16information pertains, or if such individual is a minor or is
17otherwise not legally competent, by such individual's parent
18or guardian.
 
19    Section 20. Permitted inquiries. Law enforcement officers
20may inquire into the immigration status of any person when
21such inquiry is required by federal law or an officer has
22reasonable grounds to believe that the person:
23        (1) has been convicted of a felony criminal law
24    violation;

 

 

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1        (2) was deported or left the United States after the
2    conviction; and
3        (3) is again present in the United States.
 
4    Section 25. Conditioning benefits, services, or
5opportunities on immigration status prohibited.
6    (a) No agent, agency, or local government employee shall
7condition the receipt of benefits, opportunities, or services
8provided by the State on matters related to citizenship or
9immigration status unless required to do so by statute,
10federal regulation, or court decision.
11    (b) Where presentation of a State driver's license or
12State issued government identification card is accepted as
13adequate evidence of identity, presentation of photo identity
14documents issued by the person's nation of origin, such as a
15driver's license, passport, or martricula consular, shall be
16accepted and shall not subject the person to a higher scrutiny
17or different treatment than if the person had provided a State
18driver's license or government identification card. However,
19this subsection shall not apply to the completion of the
20federally mandated I-9 forms.
 
21    Section 30. Civil immigration enforcement action.
22    (a) Except for such reasonable time as is necessary to
23conduct an investigation, no State or federal agency or agent
24shall:

 

 

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1        (1) arrest, detain, or continue to detain a person
2    solely on the belief that the person is not legally
3    present in the United States or that the person has
4    committed a civil immigration violation;
5        (2) arrest, detain, or continue to detain a person
6    based on an administrative warrant entered into the
7    Federal Bureau of Investigation's National Crime
8    Information Center database, or successor or similar
9    database maintained by the United States, when the
10    administrative warrant is based solely on the violation of
11    a civil immigration law; or
12        (3) detain or continue to detain a person based upon
13    an immigration detainer when such immigration detainer is
14    based solely on a violation of civil immigration law.
15    (b) Unless an agency or agent is acting pursuant to a
16legitimate law enforcement purpose that is unrelated to the
17enforcement of a civil immigration law, no agency or agent
18shall:
19        (1) permit ICE agents access to a person being
20    detained by, or in custody of, the agency or agent;
21        (2) permit ICE agents use of any agency facilities for
22    investigation interviews or other investigative purpose;
23    or
24        (3) while on duty, expend time responding to ICE
25    inquiries or communications with ICE regarding a person's
26    custody status or release date. While off duty, an agent

 

 

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1    is still subject to the disclosure prohibitions under this
2    Act.
3    (c) An agency or agent is authorized to communicate with
4ICE in order to determine whether any matter involves
5enforcement based solely on a violation of civil immigration
6law.
7    (d) This Section shall not apply when an investigation
8conducted by the agent or agent indicates that the subject of
9the investigation:
10        (1) has an outstanding criminal warrant;
11        (2) has been convicted of a felony in any court of
12    competent jurisdiction;
13        (3) is a defendant in a criminal case in any court of
14    competent jurisdiction where a judgment has not been
15    entered and a felony charge is pending; or
16        (4) has been identified as a known gang member either
17    in a law enforcement agency's database or by the subject's
18    own admission.
 
19    Section 35. Liability. This Act does not create or form
20the basis for liability on the part of the State, local
21government, its agents, or agencies. The exclusive remedy for
22violations of this Act shall be through the appropriate
23disciplinary procedures for officers and employees under
24rules, including, but not limited to, the State's personnel
25rules, union contracts, civil service commission rules, or any

 

 

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1other agency rules or regulations. A person alleged of
2violating this Act shall forward a complaint to the office of
3the entity subject of the alleged violation.
 
4    Section 40. Exchanging file information. All applications,
5questionnaires, and interview forms used in relation to
6providing State benefits, opportunities, or services shall be
7promptly reviewed by the pertinent agency and any questions
8regarding citizenship or immigration status, other than those
9required by statute, ordinance, federal regulation, or court
10decision, shall be removed within 90 days of the effective
11date of this Act.
 
12    Section 45. Severability. If any provision, clause,
13Section, or application of this Act to any person or
14circumstance is declared invalid by any court of competent
15jurisdiction, such invalidity shall not affect, impair, or
16invalidate the remainder hereof or its applicability to any
17other person or circumstances.