99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0022

 

Introduced 1/15/2015, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/Art. 124C heading new
725 ILCS 5/124C-1 new
725 ILCS 5/124C-5 new
725 ILCS 5/124C-10 new
725 ILCS 5/124C-15 new
725 ILCS 5/124C-20 new
725 ILCS 5/124C-25 new
725 ILCS 5/124C-30 new
725 ILCS 5/124C-35 new
725 ILCS 5/124C-45 new

    Creates the Illinois TRUST Act within the Code of Criminal Procedure of 1963. Provides that there being no legal authority under which the federal government may compel an expenditure of State or local resources to comply with an immigration detainer or administrative warrant, or facilitate any other non-criminal immigration enforcement, there shall be no expenditure of any law enforcement agency resources or effort by law enforcement agency personnel for these purposes, except as expressly provided under the Act. Provides that there being no legal authority under which the federal government may compel an expenditure of State or local law enforcement agency resources to comply with an immigration detainer or administrative warrant, no law enforcement agency may detain or continue to detain any individual on the basis of any immigration detainer or administrative warrant, or otherwise comply with an immigration detainer or administrative warrant, after that individual becomes eligible for release from custody. Provides that no individual subject to an immigration detainer or administrative warrant shall be denied bail solely on the basis of that immigration detainer or administrative warrant. Provides that no law enforcement official shall stop, arrest, search, detain, or continue to detain a person based solely on that person's citizenship or immigration status or an administrative warrant entered into the Federal Bureau of Investigation's National Crime Information Center database, or any successor or similar database maintained by the United States. Provides that no law enforcement agency shall enter into an agreement under federal law that permits State or local governmental entities to enforce federal civil immigration laws. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Article 124C as follows:
 
6    (725 ILCS 5/Art. 124C heading new)
7
ARTICLE 124C. ILLINOIS TRUST ACT.

 
8    (725 ILCS 5/124C-1 new)
9    Sec. 124C-1. Short title. This Article may be cited as the
10Illinois TRUST Act.
 
11    (725 ILCS 5/124C-5 new)
12    Sec. 124C-5. Preamble and findings.
13    (a) The State of Illinois is committed to fair and equal
14treatment of all individuals in the enforcement of its criminal
15laws and the administration of its criminal justice system.
16    (b) Local law enforcement agencies rely on the trust of the
17communities they serve so that all residents will feel safe in
18reporting crimes and aiding the prosecution of suspects.
19    (c) The Illinois criminal justice system has become
20increasingly entangled in enforcement of federal civil
21immigration laws, and has been used by U.S. Immigration and

 

 

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1Customs Enforcement (ICE) as a vehicle for identifying
2individuals whom that agency can target for detention and
3removal from the United States.
4    (d) As documented by the University of Illinois Chicago,
5entanglement of law enforcement agencies in federal
6immigration enforcement erodes the public trust that those
7agencies depend on to secure accurate reporting of criminal
8activity and to prevent and solve crimes. Community policing
9efforts are hindered when immigrant residents who are victims
10of or witnesses to crime, including domestic violence, are less
11likely to report crime or cooperate with law enforcement out of
12fear that any contact with law enforcement could result in
13deportation. Deterred from reporting to or cooperating with
14local law enforcement, victims or witnesses may never learn
15about or pursue opportunities for lawful status such as U and T
16nonimmigrant visas, which are intended in part to encourage
17people to report crimes.
18    (e) While several law enforcement agencies in Illinois have
19distanced themselves from federal immigration authorities
20through trust-building measures such as not inquiring about
21citizenship or immigration status or reporting
22immigration-related information, ICE programs such as the
23federal "Secure Communities" program and the new "Priority
24Enforcement Program" and ICE access to the Law Enforcement
25Agencies Database System (LEADS) still entangle local law
26enforcement in immigration enforcement.

 

 

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1    (f) ICE has used information gathered through programs like
2"Secure Communities" to issue immigration detainers and
3administrative warrants regarding individuals in law
4enforcement custody. Between October 2011 and August 2013, ICE
5transmitted 8,100 immigration detainers asking police
6departments, jails, prisons, and other institutions in
7Illinois to hold individuals for additional time beyond when
8they would be eligible for release in a criminal matter or to
9provide notice of their release. Of these, 5,629 (69%) targeted
10individuals with no criminal convictions, and another 1,809
11(22%) targeted individuals convicted of only minor offenses.
12Nationwide, roughly half of all immigration detainers have
13targeted individuals with no criminal convictions.
14    (g) Unlike criminal detainers, which comply with
15fundamental protections under the Fourth Amendment to the U.S.
16Constitution and Article I, Section 6 of the Illinois
17Constitution, immigration detainers and administrative
18warrants do not require a showing of probable cause or any of
19the other procedural protections that undergird the right to be
20free from unreasonable searches or seizures. Immigration
21detainers and administrative warrants are voluntary requests
22that generally do not confer arrest authority on state and
23local law enforcement, and there is no independent state arrest
24authority for civil immigration matters under a detainer or
25administrative warrant. Nor is there state or local law
26enforcement arrest authority for immigration administrative

 

 

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1warrants in the FBI's National Crime Information Center (NCIC)
2database, which local law enforcement agencies routinely use.
3    (h) State and local law enforcement agencies are not
4reimbursed or indemnified by the federal government for the
5full costs of responding to a detainer or administrative
6warrant, which can include, but are not limited to, extended
7detention time, the administrative costs of tracking and
8responding to the detainer or warrant, and costs or liability
9incurred as a result of wrongful detainers or warrants. In
10particular, law enforcement agencies must pay for the time
11during which immigrants, who are deterred from posting bond by
12the detainer or warrant, remain in law enforcement custody
13while awaiting their day in court. Several recent federal court
14decisions have ruled that local law enforcement agencies that
15hold individuals solely based on immigration detainers can be
16held liable for violations of the individuals' constitutional
17rights. All of these costs are borne by local taxpayers.
18    (i) By subjecting individuals with no criminal history or
19only minor convictions to removal, ICE's use of immigration
20detainers and warrants and programs like "Secure Communities"
21have disrupted families and communities, encouraged racial and
22ethnic profiling, burdened taxpayers, and posed harm to our
23State as a whole. These concerns contributed to the State of
24Illinois' decision to withdraw from "Secure Communities" on May
254, 2011, a decision that ICE overrode in August 2011, as well
26as adoption by at least 2 states and more than 250 local

 

 

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1jurisdictions across the United States (including Cook County,
2Champaign County, and the city of Chicago) of policies limiting
3compliance with ICE detainers. The U.S. Department of Homeland
4Security announced in November 2014 that it is discontinuing
5the "Secure Communities" program as previously configured as
6well as most use of immigration detainers that request
7continued detention of immigrants. Even with these changes, ICE
8may still use detainers and administrative warrants, and is
9implementing a new "Priority Enforcement Program" that still
10entangles local police departments and jails in immigration
11enforcement. The risk of ICE abuse to immigrant communities and
12Illinois taxpayers remains.
13    (j) It is the intent of the General Assembly that this Act
14shall not be construed as providing, expanding, or ratifying
15the legal authority for any State or local law enforcement
16agency to detain an individual on an immigration detainer or
17administrative warrant.
 
18    (725 ILCS 5/124C-10 new)
19    Sec. 124C-10. Definitions.
20    "Administrative warrant" means an immigration warrant of
21arrest, order to detain or release aliens, notice of custody
22determination, notice to appear, removal order, warrant of
23removal, or any other document, issued by an immigration agent
24that can form the basis for an individual's arrest or detention
25for a civil immigration enforcement purpose. This definition

 

 

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1does not include any warrants issued by a criminal court upon a
2determination of probable cause and in compliance with the
3requirements of the Fourth Amendment to the U.S. Constitution
4and Article I, Section 6 of the Illinois Constitution.
5    "Certification" means any law enforcement certification or
6statement required by federal immigration law including, but
7not limited to the information required by 8 U.S.C. 1184(p) and
88 U.S.C. 1184(o), including current USCIS Form I-918,
9Supplement B and USCIS Form I-914, Supplement B, respectively,
10and any successor forms.
11    "Certifying agency" means a State or local law enforcement
12agency, prosecutor, judge, or other authority, that has
13responsibility for the investigation or prosecution of
14criminal activity. This definition includes agencies that have
15criminal investigative jurisdiction in their respective areas
16of expertise, including but not limited to the Illinois
17Department of Labor, Illinois Department of Children and Family
18Services, the Illinois Department of Human Services, and the
19Illinois Workers' Compensation Commission.
20    "Citizenship or immigration status" means all matters
21regarding questions of citizenship of the United States or any
22other country, the authority to reside in or otherwise be
23present in the United States, the time or manner of a person's
24entry into the United States, or any other civil immigration
25matter enforced by the Department of Homeland Security or other
26federal agency charged with the enforcement of civil

 

 

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1immigration laws.
2    "Contact information" means home address, work address,
3telephone number, electronic mail address, social media
4information, or any other means of contacting an individual.
5    "Criminal activity" means any activity defined under
6chapter 720 of the Illinois Compiled Statutes or any similar
7activity under any city or municipal code regardless of whether
8the activity resulted in a prosecution.
9    "Eligible for release from custody" means that the
10individual may be released from custody because one of the
11following conditions has occurred:
12        (1) All criminal charges against the individual have
13    been dropped or dismissed.
14        (2) The individual has been acquitted of all criminal
15    charges filed against him or her.
16        (3) The individual has served all the time required for
17    his or her sentence.
18        (4) The individual has posted a bond.
19        (5) The individual is otherwise eligible for release
20    under state or local law, or local policy.
21    "Immigration agent" shall mean an agent of U.S. Immigration
22and Customs Enforcement, U.S. Customs and Border Protection,
23any individuals authorized to conduct enforcement of civil
24immigration laws under 8 U.S.C. 1357(g) or any other federal
25law, other federal agents charged with enforcement of civil
26immigration laws, and any successors.

 

 

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1    "Immigration detainer" means a document issued by an
2immigration agent to a federal, State, or local law enforcement
3agency that requests that the law enforcement agency provide
4notice of release or maintain custody of the individual based
5on an alleged violation of a civil immigration law, including
6detainers issued under Section 287.7 or Section 236.1 of Title
78 of the Code of Federal Regulations, and on DHS Form I-247
8"Immigration Detainer Notice of Action."
9    "Law enforcement agency" means an agency in Illinois
10charged with enforcement of State, county, municipal, or
11federal laws, or with managing custody of detained persons in
12the State, and includes municipal police departments,
13sheriff's departments, campus police departments, the Illinois
14Department of State Police, and the Illinois Department of
15Juvenile Justice, but does not include the Illinois Department
16of Corrections.
17    "Law enforcement official" means any officer or other agent
18of a State or local law enforcement agency authorized to
19enforce criminal statutes, rules, regulations, or local
20ordinances or to operate jails or juvenile detention facilities
21or to maintain custody of individuals in jails or juvenile
22detention facilities, but does not include officials operating
23or maintaining custody of individuals in State prisons through
24the Illinois Department of Corrections.
25    "Victim of criminal activity" means any individual who has
26reported criminal activity to a law enforcement agency or

 

 

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1certifying agency, or has otherwise participated in the
2detection, investigation or prosecution of criminal activity,
3who has suffered direct or proximate harm as a result of the
4commission of any criminal activity and may include, but may
5not be limited to, an indirect victim, regardless of the direct
6victim's immigration or citizenship status, including the
7spouse, children under 21 years of age and, if the direct
8victim is under 21 years of age, parents, and unmarried
9siblings under 18 years of age when the direct victim is
10deceased, incompetent or incapacitated. Bystander victims
11shall also be considered. More than one victim can be
12identified and provided with certification depending upon the
13circumstances. For purposes of this definition, the term
14"incapacitated" means unable to interact with law enforcement
15agency or certifying agency personnel as a result of a
16cognitive impairment or other physical limitation, or because
17of physical restraint, disappearance or age, such as minors.
 
18    (725 ILCS 5/124C-15 new)
19    Sec. 124C-15. Responding to immigration detainers,
20administrative warrants, and other requests.
21    (a) There being no legal authority under which the federal
22government may compel an expenditure of State or local
23resources to comply with an immigration detainer or
24administrative warrant, or facilitate any other non-criminal
25immigration enforcement, there may not be expenditure of any

 

 

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1law enforcement agency resources or effort by law enforcement
2agency personnel for these purposes, except as expressly
3provided under this Act.
4    (b) There being no legal authority under which the federal
5government may compel an expenditure of State or local law
6enforcement agency resources to comply with an immigration
7detainer or administrative warrant, a law enforcement agency
8may not detain or continue to detain any individual on the
9basis of any immigration detainer or administrative warrant, or
10otherwise comply with an immigration detainer or
11administrative warrant, after that individual becomes eligible
12for release from custody.
13    (c) No individual subject to an immigration detainer or
14administrative warrant shall be denied bail solely on the basis
15of that immigration detainer or administrative warrant.
16Nothing in this subsection (c) may be construed to undermine
17the authority of a court to make a bail or bond determination
18according to its rules and procedures.
19    (d) Except as provided in this subsection, no law
20enforcement official or other law enforcement agency personnel
21shall:
22        (1) give any immigration agent access to any individual
23    or allow any immigration agent to use law enforcement
24    agency facilities for investigative interviews or other
25    purposes;
26        (2) provide any detainee, inmate, or booking lists to

 

 

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1    an immigration agent; or
2        (3) expend their time responding to immigration agent
3    inquiries or communicating with immigration agents
4    regarding any individual's incarceration status, release
5    date, or contact information.
6    (e) Nothing in subsection (d) shall be construed as
7restricting the authority of any law enforcement official or
8law enforcement agency to conduct any of the activities listed
9in subsection (d) if an immigration agent presents a valid and
10properly issued criminal warrant or if the law enforcement
11official has a law enforcement purpose if the warrant or
12purpose is related to the investigation or prosecution of any
13criminal offense in this State, any criminal offense in another
14state, or any federal criminal offense. The preceding sentence
15shall not apply to any case in which the warrant or law
16enforcement purpose is related solely to the investigation or
17prosecution of any federal criminal offense described in 8
18U.S.C. 1304(e) (regarding carrying of immigration registration
19cards), 1306(a) (regarding failure to register) and 1306(b)
20(regarding to notify of change of address), 1325 (unlawful
21entry), and 1326 (unlawful reentry), unless the warrant or law
22enforcement purpose is related to the investigation or
23prosecution of an offense under 8 U.S.C. 1326 (unlawful
24reentry) of an individual previously convicted of a "forcible
25felony" as defined in Section 2-8 of the Criminal Code of 2012,
26or an equivalent offense under any other State or federal

 

 

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1criminal laws.
2    (f) Nothing in this Section shall be construed as
3restricting any expenditure or activity necessary to the
4performance by the State, any local unit of government, any law
5enforcement or other agency, official, employee, or agent
6thereof of any obligations under any contract between the
7State, the local unit of government, or the agency and federal
8officials regarding the use of a facility to detain individuals
9in federal immigration removal proceedings.
10    (g) Notwithstanding subsection (f), no State or local
11governmental entity shall be permitted to contract with a
12private for-profit vendor or contractor for the provision of
13services (other than ancillary services) relating to the
14operation or management of a facility to detain individuals in
15federal immigration removal proceedings, or to approve any
16permits, zoning changes, or other measures required for, or to
17otherwise facilitate, the construction, operation, or
18management of the facility.
 
19    (725 ILCS 5/124C-20 new)
20    Sec. 124C-20. Arrests based on certain information
21prohibited. No law enforcement official shall stop, arrest,
22search, detain, or continue to detain a person based solely on
23that person's citizenship or immigration status or an
24administrative warrant entered into the Federal Bureau of
25Investigation's National Crime Information Center database, or

 

 

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1any successor or similar database maintained by the United
2States.
 
3    (725 ILCS 5/124C-25 new)
4    Sec. 124C-25. Agreements to enforce federal civil
5immigration laws. No law enforcement agency shall enter into an
6agreement under 8 U.S.C. 1357(g) or any other federal law that
7permits state or local governmental entities to enforce federal
8civil immigration laws.
 
9    (725 ILCS 5/124C-30 new)
10    Sec. 124C-30. Certifications for victims of criminal
11activity.
12    (a) A certifying agency shall execute any certification
13requested by any victim of criminal activity or representative
14of a victim including, but not limited to, the victim's
15attorney, accredited representative, or domestic violence
16service provider, within 90 days of receiving the request. In
17any case in which the victim seeking certification is in
18federal immigration removal proceedings, the certifying agency
19shall execute the certification no later than 14 days after the
20request is received by the agency. In any case in which the
21victim or the victim's children will lose any benefits under 8
22U.S.C. 1184(p) and 8 U.S.C. 1184(o) by virtue of having reached
23the age of 21 years within 90 days after the certifying agency
24receives the certification request, the certifying agency

 

 

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1shall execute the certification no later than 14 days before
2the date on which the victim or child would reach the age of 21
3years. Requests for expedited certification must be
4affirmatively raised by the victim.
5    (b) If a certifying agency fails to certify within the time
6limit prescribed in subsection (a) of this Section, or a victim
7of criminal activity disputes the content of a certification,
8then the victim of criminal activity may bring an action in
9circuit court to seek certification or amend the certification.
10This subsection (b) shall not confer a right of action in
11circuit court against a State or local judge. Nothing in this
12subsection (b) shall in any way limit a State or local judge's
13authority to execute a certification outside the procedures
14established by this Section.
15    (c) The head of each certifying agency shall designate an
16agent, who performs a supervisory role within the agency, to
17perform the following responsibilities:
18        (1) respond to requests for certifications;
19        (2) provide outreach to victims of criminal activity to
20    inform them of the agency's certification process; and
21        (3) keep written records of all certification requests
22    and responses, which shall be reported to the Illinois
23    TRUST Act Compliance Board on an annual basis.
24    (d) All certifying agencies shall implement a language
25access protocol for non-English speaking victims of criminal
26activity.

 

 

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1    (e) A certifying agency shall reissue any certification
2within 90 days of receiving a request from the victim of
3criminal activity or representative of the victim including,
4but not limited to, the victim's attorney, accredited
5representative, or domestic violence service provider.
6    (f) Unless otherwise required by applicable federal law, at
7no time shall a certifying agency disclose information
8regarding the citizenship or immigration status of any victim
9of criminal activity who is requesting a certification unless
10required to do so by legal process or unless the certifying
11agency has written authorization from the victim or, if the
12victim is a minor or is otherwise not legally competent, by the
13victim's parent or guardian.
14    (g) The Illinois Law Enforcement Training Standards Board
15shall adopt rules for minimum standards for a course of study
16on cultural sensitivity training, including training on U and T
17nonimmigrant visas among other remedies for immigrant
18survivors of criminal activity. Each law enforcement agency's
19continuing education program shall provide to the head of the
20agency and the agency's designated certifying agent continuing
21education concerning the U and T nonimmigrant visas and
22continuing education concerning cultural diversity awareness.
23    (h) All certifying agencies not subject to the training
24requirements described in subsection (g) of this Section shall
25adopt a training program on U and T nonimmigrant visas and
26other remedies for immigrant survivors of criminal activity.
 

 

 

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1    (725 ILCS 5/124C-35 new)
2    Sec. 124C-35. Oversight. The Governor shall appoint an
3Illinois TRUST Act Compliance Board within 90 days after the
4effective date of this amendatory Act of the 99th General
5Assembly. This Board shall consist of 5 members, serving terms
6of 3 years, representing immigrant communities, law
7enforcement, and other entities concerned with public safety
8and effective cooperation between immigrants and law
9enforcement agencies. The Board shall be charged with all of
10the following responsibilities:
11        (1) monitoring compliance with this Act;
12        (2) training of law enforcement agencies and officials
13    and others about this Act;
14        (3) dissemination of information about this Act to
15    affected communities and the general public;
16        (4) establishing mechanisms by which the public can
17    report concerns and recommendations regarding
18    implementation of the Act;
19        (5) identifying implementation issues and other
20    trends, and providing recommendations to the Governor and
21    the Attorney General for addressing these issues;
22        (6) conducting research regarding sharing of
23    immigration and citizenship status information and
24    personally identifiable information, between law
25    enforcement agencies and Immigration and Customs

 

 

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1    Enforcement, including but not limited to research
2    regarding:
3            (A) requests for or investigations of immigration
4        and citizenship status information by law enforcement
5        agencies and officials;
6            (B) sharing of information and data posted in the
7        Illinois Law Enforcement Agencies Database System
8        (LEADS) or any other State administered database to
9        which immigration agents have access;
10            (C) immigration agents' use of the LEADS database
11        or any other State administered database; and
12            (D) the impact of the requests, investigations,
13        sharing, and use of information on relations between
14        law enforcement agencies and immigrant communities;
15        (7) conducting additional research as may be
16    necessary, including but not limited to requesting and
17    disseminating data from law enforcement agencies relevant
18    to this Act and this Act's impact on law enforcement
19    agencies, police-community relations, affected
20    communities, and the State; and
21        (8) any other responsibilities relating to this Act as
22    the Board may identify.
 
23    (725 ILCS 5/124C-45 new)
24    Sec. 124C-45. Private right of action.
25    (a) Any person who resides in this State may bring an

 

 

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1action in circuit court to challenge any law enforcement agency
2or certifying agency or any official of the agency (other than
3a State or local judge) for failure to fully comply with this
4Act. If there is a judicial finding that an agency has violated
5any provisions of this Act, the court shall enjoin the agency
6from violating the same provision or provisions of this Act.
7The court may also order disciplinary action against the
8official, remedial training for the official or agency, or any
9other form of equitable relief the court determines is just and
10proper. If there is a judicial finding in a subsequent action
11that an agency has violated an injunction imposed for violating
12this Act, the court may order the agency to pay a civil penalty
13of not less than $1,000 and not more than $5,000 for each
14instance that the official or agency has violated the
15injunction.
16    (b) The court shall collect the civil penalty prescribed in
17subsection (a) and remit the civil penalty to the Crime Victim
18Services Division of the Office of the Attorney General for use
19in its programs to assist victims of crime.
20    (c) The court may award court costs and reasonable
21attorneys' fees to any person who prevails in a proceeding
22brought under this Section.
23    (d) Except in relation to matters in which an official of a
24law enforcement agency or certifying agency is adjudged to have
25acted in bad faith, the official shall be indemnified by the
26agency for reasonable costs and expenses, including attorneys'

 

 

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1fees, incurred by an official in connection with any action,
2suit or proceeding brought under this Section in which the
3official may be a defendant by reason of the official being or
4having been a official of the agency.
 
5    Section 97. Severability. The provisions of this Act are
6severable under Section 1.31 of the Statute on Statutes.
 
7    Section 98. This amendatory Act of the 99th General
8Assembly supersedes Executive Order 2015-02. Executive Order
92015-02 shall have no force or effect.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.