Full Text of HJR0051 101st General Assembly
HJ0051 101ST GENERAL ASSEMBLY |
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| 1 | | HOUSE JOINT RESOLUTION
| 2 | | WHEREAS, The Constitution of the State of Illinois of 1970 | 3 | | Article 1 Section 2 protects the rights of due process of | 4 | | individuals in Illinois;
SECTION 2. DUE PROCESS AND EQUAL | 5 | | PROTECTION
"No person shall be deprived of life, liberty or | 6 | | property
without due process of law nor be denied the equal | 7 | | protection
of the laws."; and
| 8 | | WHEREAS, The Constitution of Illinois Article 1 Section 2 | 9 | | does not contradict the U.S. Constitution protections afforded | 10 | | to all Americans by the Fifth and Fourteenth amendments; and
| 11 | | WHEREAS, The Supreme Court has held that the Due Process | 12 | | Clause applies to all noncitizens in the United States | 13 | | Constitution; "Aliens, even Aliens whose presence in this | 14 | | country is unlawful, have long been
recognized as 'persons' | 15 | | guaranteed due process of law by the Fifth and Fourteenth
| 16 | | Amendments" Pyler v. Doe, U.S. 202, 210 (1982); and
| 17 | | WHEREAS, The Supreme Court has recognized family unity as a | 18 | | necessary protected interest by the
United States | 19 | | Constitution; "There is a fundamental liberty interest of | 20 | | natural parents in the care, custody and
management of their | 21 | | child"; Santosky v. Kramer, 455 U.S. 745, 753 (1982); and |
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| 1 | | WHEREAS, Illinois serves as the third largest recipient of | 2 | | federal grants for detention centers in the United States; and | 3 | | WHEREAS, "Illinois agencies received nearly $90 million in | 4 | | federal grants in the last two fiscal years to help resettle | 5 | | unaccompanied minors coming to the U.S." as reported by ABC 7 | 6 | | News Chicago; and | 7 | | WHEREAS, "In 2017, the American Pediatric Association | 8 | | released a statement, "Immigrant children seeking safe haven in | 9 | | the United States should never be placed in detention | 10 | | facilities. Studies of detained immigrants have shown that | 11 | | children and parents may suffer negative physical and emotional | 12 | | symptoms from detention, including anxiety, depression and | 13 | | posttraumatic stress disorder. Conditions in U.S. detention | 14 | | facilities, which include forcing children to sleep on cement | 15 | | floors, open toilets, constant light exposure, insufficient | 16 | | food and water, no bathing facilities, and extremely cold | 17 | | temperatures, are traumatizing for children. No child should | 18 | | ever have to endure these conditions."; and
| 19 | | WHEREAS, Currently, Illinois participates in detaining | 20 | | children under the federal government's Zero Tolerance Policy | 21 | | by way of providing facilities for detention funded by federal | 22 | | grants; and |
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| 1 | | WHEREAS, ICE (U.S. Immigration and Customs Enforcement) is | 2 | | an agency created in 2003 by the Department of Homeland | 3 | | Security, through the Homeland Security Act of 2002; and | 4 | | WHEREAS, The Homeland Security Act is a Congressional | 5 | | legislation, and the creation of ICE is administrative creation | 6 | | for enforcement; and | 7 | | WHEREAS, ICE is the official enforcement arm of the Custom | 8 | | Border Patrol under Homeland Security that identifies and | 9 | | separates children and places them in Illinois detention | 10 | | centers; and | 11 | | WHEREAS, ICE has protocols titled the Parental Directive to | 12 | | aid in communication between child detainees and their parents, | 13 | | but they have not been followed, resulting in numerous children | 14 | | in Illinois unable to be reunified with families or communicate | 15 | | in a timely manner; and | 16 | | WHEREAS, ICE has contracts of interservice | 17 | | agreements/contracts with Illinois local agencies such as the | 18 | | Illinois State Police and the DMV to share information, | 19 | | yielding names of individuals who may be detained and separated | 20 | | from their children while held in detention centers; and | 21 | | WHEREAS, In Manigault v. Springs, the Supreme Court said, |
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| 1 | | It is the settled law of this court that the interdiction of | 2 | | statutes impairing the obligation of contracts does not prevent | 3 | | the State from exercising such powers as are vested in it for | 4 | | the promotion of the common weal, or are necessary for the | 5 | | general good of the public, though contracts previously entered | 6 | | into between individuals may thereby be affected. This power, | 7 | | which in its various ramifications is known as the police | 8 | | power, is an exercise of the sovereign right of the Government | 9 | | to protect the lives, health, morals, comfort and general | 10 | | welfare of the people, and is paramount to any rights under | 11 | | contracts between individuals. 480. 34. 290 U.S. at 438; and | 12 | | WHEREAS, The Supreme Court further cited Home Building & | 13 | | Loan Association v. Blaisdell 290 U.S. 398 (1934); in upholding | 14 | | the legislation, the Court established new standards by which | 15 | | to evaluate the validity of legislation impairing the | 16 | | obligations of contracts; the inquiry is not simply whether an | 17 | | obligation is impaired, but rather "whether the legislation is | 18 | | addressed to a legitimate end, and the measures taken are | 19 | | reasonable and appropriate to that end." This flexible standard | 20 | | allows the Court to construe the contract;
The legitimacy of | 21 | | the ends and the reasonableness of the means were judged by the | 22 | | following five factors: (1) an emergency must exist that | 23 | | furnishes a "proper occasion for the exercise of the reserved | 24 | | power of the State to protect the vital interests of the | 25 | | community, (2) the legislation must be for the protection of a |
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| 1 | | basic interest of society, not for the mere advantage of | 2 | | particular individuals, (3) the relief must be appropriate to | 3 | | the character of the emergency that existed, (4) the conditions | 4 | | of the legislation must be reasonable, and (5) the legislation | 5 | | must be temporary and limited to the exigency that called it | 6 | | forth; and
| 7 | | WHEREAS, The State of Illinois has a right to review | 8 | | contracts and operations of detention centers that are causing | 9 | | harm to Illinois youth on Illinois soil; therefore, be it
| 10 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE | 11 | | HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 12 | | SENATE CONCURRING HEREIN, that there is created the ICE | 13 | | Monitoring Task Force whose purpose is the following: | 14 | | (1) Review ICE practices and procedures within the | 15 | | State; | 16 | | (2) Review the use and condition of
detention centers | 17 | | in Illinois; and | 18 | | (3) Review all ICE contracts in Illinois,
including | 19 | | those with Private Detention Centers, the Illinois State | 20 | | Police, and the
Department of Motor Vehicles; and be it | 21 | | further | 22 | | RESOLVED, That the Task Force shall consist of the | 23 | | following members, who shall serve without compensation: |
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| 1 | | (1) Two members nominated by the Latino Policy Forum | 2 | | and appointed by the Speaker of the House, one of whom | 3 | | shall serve as co-chair; | 4 | | (2) Two members nominated by the Loyola Civitas Child | 5 | | Law Center and appointed by the Minority Leader of the | 6 | | House, one of whom shall serve as co-chair; | 7 | | (3) Two members nominated by the ACLU and appointed by | 8 | | the Senate President; | 9 | | (4) One member nominated by Arab American Family | 10 | | Services and appointed by the Senate Minority Leader; | 11 | | (5) One member nominated by the National Immigration | 12 | | Law and Justice Center and appointed by the Speaker of the | 13 | | House; and | 14 | | (6) One member nominated by the Illinois Coalition for | 15 | | Immigrants and Refugee Rights and appointed by the Minority | 16 | | Leader of the House; and be it further | 17 | | RESOLVED, That the Task Force shall meet for the first time | 18 | | at the call of the co-chairs; and be it further | 19 | | RESOLVED, That the Illinois Department of Human Rights | 20 | | shall provide administrative support; and be it further
| 21 | | RESOLVED, That the Task Force shall submit its final report | 22 | | to the General Assembly and the Governor no later than December | 23 | | 31, 2019, and, upon the filing of its report, is dissolved.
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