IL
Illinois Senate Bill SB1472

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1472 Compare Versions

Only one version of the bill is available at this time.
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11 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. LRB103 28914 LNS 55300 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1472 Introduced 2/7/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: New Act 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. LRB103 28914 LNS 55300 b LRB103 28914 LNS 55300 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1472 Introduced 2/7/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
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55 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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1111 1 AN ACT concerning human rights.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Noncitizens Rights Act.
1616 6 Section 5. Definitions. As used in this Act:
1717 7 "Administrative warrant" means an immigration warrant
1818 8 issued by the Immigration and Customs Enforcement Agency, or a
1919 9 successor or similar federal agency charged with enforcement
2020 10 of civil immigration law, used as a noncriminal warrant for
2121 11 immigration purposes.
2222 12 "Agency" means every State department, agency, division,
2323 13 council, committee, board, other body, or person established
2424 14 by authority of statute, executive order, or administrative
2525 15 rules.
2626 16 "ICE" means the United States Immigration and Customs
2727 17 Enforcement Agency and shall include any successor agency
2828 18 charged with the enforcement of civil immigration law.
2929 19 "Immigration detainer" means an official request issued by
3030 20 ICE, or other federal agency charged with the enforcement of
3131 21 civil immigration laws, to another federal, State, or local
3232 22 law enforcement agency to detain an individual based on a
3333 23 violation of civil immigration law.
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1472 Introduced 2/7/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
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3939 New Act
4040 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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6868 1 "Investigation of the citizenship or immigration status"
6969 2 means questions of United States citizenship, citizenship of
7070 3 any other country, legal right to reside or otherwise be
7171 4 present in the United States, and the time or manner of a
7272 5 person's entry into the United States.
7373 6 "Local government" means the government of municipalities,
7474 7 counties, and all other subdivisions of government through the
7575 8 State.
7676 9 Section 10. Prohibited status requests.
7777 10 (a) No agent or agency shall request information about or
7878 11 otherwise investigate or assist in the investigation of the
7979 12 citizenship or immigration status of any person unless such
8080 13 inquiry or investigation is required by State statute, federal
8181 14 regulation, or court decision. Notwithstanding this
8282 15 subsection, the State may investigate and inquire about
8383 16 immigration status when such an investigation or inquiry is
8484 17 relevant to potential or actual litigation or an
8585 18 administrative proceeding in which the State is or may be a
8686 19 party to. If an individual's immigration status is relevant,
8787 20 the assigned counsel is not permitted to discuss the
8888 21 immigration or citizenship status to any State or federal law
8989 22 enforcement unless the investigation pertains to a violent
9090 23 crime.
9191 24 (b) No law enforcement or other agency of the State or
9292 25 other local government shall inquire into the immigration
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103103 1 status of any person who interacts with a governmental agency,
104104 2 or ask for the person's social security number or other
105105 3 information that would disclose an individual's immigration
106106 4 status.
107107 5 (c) Law enforcement and other government offices that
108108 6 regularly have people walk in to report violations of law or to
109109 7 complain about government operations shall prominently post
110110 8 signs describing the government's policy of not asking about
111111 9 an individual's immigration status.
112112 10 Section 15. Disclosing prohibited information. Except as
113113 11 otherwise provided under applicable federal law, no agency or
114114 12 assigned counsel shall disclose information regarding the
115115 13 citizenship or immigration status of any person unless
116116 14 required to do so by legal process or when such a disclosure
117117 15 has been authorized in writing by the individual whom such
118118 16 information pertains, or if such individual is a minor or is
119119 17 otherwise not legally competent, by such individual's parent
120120 18 or guardian.
121121 19 Section 20. Permitted inquiries. Law enforcement officers
122122 20 may inquire into the immigration status of any person when
123123 21 such inquiry is required by federal law or an officer has
124124 22 reasonable grounds to believe that the person:
125125 23 (1) has been convicted of a felony criminal law
126126 24 violation;
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137137 1 (2) was deported or left the United States after the
138138 2 conviction; and
139139 3 (3) is again present in the United States.
140140 4 Section 25. Conditioning benefits, services, or
141141 5 opportunities on immigration status prohibited.
142142 6 (a) No agent, agency, or local government employee shall
143143 7 condition the receipt of benefits, opportunities, or services
144144 8 provided by the State on matters related to citizenship or
145145 9 immigration status unless required to do so by statute,
146146 10 federal regulation, or court decision.
147147 11 (b) Where presentation of a State driver's license or
148148 12 State issued government identification card is accepted as
149149 13 adequate evidence of identity, presentation of photo identity
150150 14 documents issued by the person's nation of origin, such as a
151151 15 driver's license, passport, or martricula consular, shall be
152152 16 accepted and shall not subject the person to a higher scrutiny
153153 17 or different treatment than if the person had provided a State
154154 18 driver's license or government identification card. However,
155155 19 this subsection shall not apply to the completion of the
156156 20 federally mandated I-9 forms.
157157 21 Section 30. Civil immigration enforcement action.
158158 22 (a) Except for such reasonable time as is necessary to
159159 23 conduct an investigation, no State or federal agency or agent
160160 24 shall:
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171171 1 (1) arrest, detain, or continue to detain a person
172172 2 solely on the belief that the person is not legally
173173 3 present in the United States or that the person has
174174 4 committed a civil immigration violation;
175175 5 (2) arrest, detain, or continue to detain a person
176176 6 based on an administrative warrant entered into the
177177 7 Federal Bureau of Investigation's National Crime
178178 8 Information Center database, or successor or similar
179179 9 database maintained by the United States, when the
180180 10 administrative warrant is based solely on the violation of
181181 11 a civil immigration law; or
182182 12 (3) detain or continue to detain a person based upon
183183 13 an immigration detainer when such immigration detainer is
184184 14 based solely on a violation of civil immigration law.
185185 15 (b) Unless an agency or agent is acting pursuant to a
186186 16 legitimate law enforcement purpose that is unrelated to the
187187 17 enforcement of a civil immigration law, no agency or agent
188188 18 shall:
189189 19 (1) permit ICE agents access to a person being
190190 20 detained by, or in custody of, the agency or agent;
191191 21 (2) permit ICE agents use of any agency facilities for
192192 22 investigation interviews or other investigative purpose;
193193 23 or
194194 24 (3) while on duty, expend time responding to ICE
195195 25 inquiries or communications with ICE regarding a person's
196196 26 custody status or release date. While off duty, an agent
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207207 1 is still subject to the disclosure prohibitions under this
208208 2 Act.
209209 3 (c) An agency or agent is authorized to communicate with
210210 4 ICE in order to determine whether any matter involves
211211 5 enforcement based solely on a violation of civil immigration
212212 6 law.
213213 7 (d) This Section shall not apply when an investigation
214214 8 conducted by the agent or agent indicates that the subject of
215215 9 the investigation:
216216 10 (1) has an outstanding criminal warrant;
217217 11 (2) has been convicted of a felony in any court of
218218 12 competent jurisdiction;
219219 13 (3) is a defendant in a criminal case in any court of
220220 14 competent jurisdiction where a judgment has not been
221221 15 entered and a felony charge is pending; or
222222 16 (4) has been identified as a known gang member either
223223 17 in a law enforcement agency's database or by the subject's
224224 18 own admission.
225225 19 Section 35. Liability. This Act does not create or form
226226 20 the basis for liability on the part of the State, local
227227 21 government, its agents, or agencies. The exclusive remedy for
228228 22 violations of this Act shall be through the appropriate
229229 23 disciplinary procedures for officers and employees under
230230 24 rules, including, but not limited to, the State's personnel
231231 25 rules, union contracts, civil service commission rules, or any
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242242 1 other agency rules or regulations. A person alleged of
243243 2 violating this Act shall forward a complaint to the office of
244244 3 the entity subject of the alleged violation.
245245 4 Section 40. Exchanging file information. All applications,
246246 5 questionnaires, and interview forms used in relation to
247247 6 providing State benefits, opportunities, or services shall be
248248 7 promptly reviewed by the pertinent agency and any questions
249249 8 regarding citizenship or immigration status, other than those
250250 9 required by statute, ordinance, federal regulation, or court
251251 10 decision, shall be removed within 90 days of the effective
252252 11 date of this Act.
253253 12 Section 45. Severability. If any provision, clause,
254254 13 Section, or application of this Act to any person or
255255 14 circumstance is declared invalid by any court of competent
256256 15 jurisdiction, such invalidity shall not affect, impair, or
257257 16 invalidate the remainder hereof or its applicability to any
258258 17 other person or circumstances.
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