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| Public Act 102-0827 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Right | ||||
to Counsel in Immigration Proceedings Act. | ||||
Section 5. Purpose; findings. | ||||
(a) The State is committed to fair and equal treatment of | ||||
all individuals, and, in particular, of individuals at risk of | ||||
removal and separation from their families through the federal | ||||
immigration detention and deportation system. | ||||
(b) While an individual in removal proceedings has the | ||||
right to legal representation, the representation is at the | ||||
individual's own expense and may be beyond the financial | ||||
capacity of low-income households. | ||||
(c) Nearly two-thirds of all individuals facing | ||||
immigration removal proceedings throughout the United States | ||||
lack legal representation. Among the individuals in | ||||
immigration detention, only one in 6 individuals were | ||||
represented by counsel. Among the individuals facing removal | ||||
proceedings in this State, less than one in 3 individuals, | ||||
generally, and less than one in 8 individuals in detention | ||||
were represented by counsel. | ||||
(d) Legal representation is essential to effective | ||||
identification and presentation of avenues for release from | ||
detention and relief from removal. Individuals in immigration | ||
detention are 4 times more likely to win release if | ||
represented by legal counsel than individuals without | ||
representation by legal counsel. In removal proceedings, | ||
detained individuals are 11 times more likely to succeed in | ||
claims for relief if represented by legal counsel than | ||
individuals without representation by legal counsel. | ||
(e) Legal representation in removal proceedings has | ||
improved the efficiency of the proceedings and the | ||
administration of justice as individuals are better able to | ||
present their defenses and claims for relief. | ||
(f) It is the public policy of this State that all covered | ||
individuals should have the right to ongoing legal | ||
representation in covered proceedings. This right to counsel | ||
should include provisions of funds sufficient to ensure that | ||
legal service providers are funded to: | ||
(1) engage support staff, interpretation staff, and | ||
investigative staff; | ||
(2) contract as reasonably necessary with independent | ||
experts, including country conditions experts and forensic | ||
medical experts; and | ||
(3) contract as reasonably necessary with social | ||
service providers providing supportive and rehabilitative | ||
services to covered individuals during the course of their | ||
removal proceedings. | ||
(g) This State should establish a program and a dedicated | ||
fund to provide the legal services described in subsection | ||
(f). | ||
Section 10. Definitions. As used in this Act: | ||
"Covered individual" means any individual subject to | ||
removal proceedings under 8 U.S.C. 1225, 1228, and 1229a or a | ||
final order of removal under 8 CFR 1241.1, including any | ||
related covered proceeding, regardless of age, who is: (i) a | ||
domiciliary of this State; or (ii) an individual who is not a | ||
domiciliary of this State if removal proceedings are conducted | ||
against the individual in this State. | ||
"Covered proceeding" means any proceeding in which a | ||
covered individual is a party and is seeking an avenue of | ||
relief from removal from the United States or is challenging | ||
his or her arrest or detention under the Immigration and | ||
Nationality Act and its implementing regulations. "Covered | ||
proceeding" includes: | ||
(1) a proceeding or hearing in an immigration court | ||
and any related application to United States Citizenship | ||
and Immigration Services connected to the proceeding or | ||
hearing; | ||
(2) an immigration proceeding conducted by telephone | ||
or video teleconference; | ||
(3) a proceeding in a State court for purposes of | ||
obtaining a special findings order; | ||
(4) a proceeding in a State court for purposes of | ||
vacating a conviction or modifying a sentence in which the | ||
conviction or sentence is relevant to the immigration | ||
proceedings at issue; | ||
(5) a credible fear interview or reasonable fear | ||
interview; | ||
(6) a habeas corpus petition to a federal district | ||
court challenging detention under the Immigration and | ||
Nationality Act; | ||
(7) a motion to reopen or reconsider under 8 U.S.C. | ||
1229a; | ||
(8) a petition for review under 8 U.S.C. 1252; | ||
(9) a remand to a federal district court from the | ||
United States Court of Appeals for fact-finding purposes; | ||
and | ||
(10) any appeal related to any of the foregoing to the | ||
Board of Immigration Appeals, the United States Court of | ||
Appeals, or the United States Supreme Court. | ||
"Domicile" means a true, fixed, and permanent legal home | ||
of an individual or the place to which the individual intends | ||
to return even though the individual may reside elsewhere. | ||
"Domiciliary" means an individual who has established a | ||
domicile with respect to a particular jurisdiction. | ||
"Immigration court" means a tribunal of the Executive | ||
Office for Immigration Review, or a successor entity, tasked | ||
with deciding the inadmissibility or deportability of a | ||
noncitizen of the United States that is presided over by an | ||
immigration judge as defined in 8 U.S.C. 1101(b)(4). | ||
"Legal services" means individual legal assistance in a | ||
single consultation, or ongoing legal representation, provided | ||
by a legal services provider to a covered individual, and all | ||
legal advice, advocacy, and assistance associated with the | ||
service. | ||
"Legal services provider" means an individual, | ||
organization, or association that has the authority to provide | ||
legal services. | ||
Section 15. Task Force on Counsel in Immigration | ||
Proceedings. | ||
(a) The Task Force on Counsel in Immigration Proceedings | ||
is established. | ||
(b) The Task Force shall consist of the following 7 | ||
members: | ||
(1) the Governor, or his or her designee; | ||
(2) the President of the Senate, or his or her | ||
designee; | ||
(3) the Minority Leader of the Senate, or his or her | ||
designee; | ||
(4) the Speaker of the House of Representatives, or | ||
his or her designee; | ||
(5) the Minority Leader of the House of | ||
Representatives, or his or her designee; | ||
(6) the Attorney General, or his or her designee; and | ||
(7) the Secretary of Human Services, or his or her | ||
designee. | ||
(c) Members of the Task Force shall serve without | ||
compensation. | ||
(d) The Department of Human Services shall provide | ||
administrative and other support to the Task Force. | ||
(e) The Task Force shall investigate the implementation of | ||
universal representation for covered individuals in | ||
immigration removal proceedings as described in subsection (f) | ||
of Section 5. The Task Force investigation shall include, but | ||
is not limited to, the following matters: | ||
(1) the estimated number of covered individuals facing | ||
a covered proceeding; | ||
(2) the current infrastructure for providing | ||
independent, competent, and zealous legal representation | ||
in a covered proceeding; | ||
(3) the additional resources, including salaries and | ||
benefits for attorneys and support staff, training, | ||
supervision, and material resources that would need to be | ||
added to the existing infrastructure described in | ||
paragraph (2) in order to provide independent, competent, | ||
and zealous legal representation for the number of covered | ||
individuals described in paragraph (1), including | ||
mechanisms for subcontracted relationships with | ||
independent experts and social service providers; | ||
(4) the estimated annual cost of the additional | ||
resources described in paragraph (3);
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(5) funding sources, public and private, that are or | ||
would be available to pay for the additional resources | ||
described in paragraph (3); and | ||
(6) the estimated annual cost of bond payment support | ||
needed for covered individuals facing a covered | ||
proceeding, and the feasibility of a State-sponsored bond | ||
fund for those individuals. | ||
(f) In order for the Governor and General Assembly to | ||
evaluate different scopes of legal representation in | ||
immigration court proceedings, the Task Force investigation | ||
described in subsection (e) shall provide additional findings | ||
in the following categories: | ||
(1) State domiciliary versus non-State domiciliary | ||
covered individuals, and, among the State domiciliary | ||
covered individuals, the regions of residence within the | ||
State; | ||
(2) household income above and below 250% of the | ||
federal poverty line; | ||
(3) type of proceedings in which the covered | ||
individuals need legal representation; and | ||
(4) current percentages of covered individuals in | ||
covered proceedings with and without legal representation. | ||
(g) The Task Force shall submit a report of its findings in | ||
the investigation described in subsection (e) and its | ||
recommendations for how to fully provide legal representation | ||
for covered individuals facing covered proceedings no later | ||
than July 1, 2023. | ||
Section 20. Repeal. This Act is repealed on July 1, 2024.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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