Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1202 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1202 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: New Act5 ILCS 805/Act rep.15 ILCS 335/11 from Ch. 124, par. 31625 ILCS 5/6-110.3 Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately. LRB104 03936 RLC 13960 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1202 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: New Act5 ILCS 805/Act rep.15 ILCS 335/11 from Ch. 124, par. 31625 ILCS 5/6-110.3 New Act 5 ILCS 805/Act rep. 15 ILCS 335/11 from Ch. 124, par. 31 625 ILCS 5/6-110.3 Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately. LRB104 03936 RLC 13960 b LRB104 03936 RLC 13960 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1202 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 805/Act rep.15 ILCS 335/11 from Ch. 124, par. 31625 ILCS 5/6-110.3 New Act 5 ILCS 805/Act rep. 15 ILCS 335/11 from Ch. 124, par. 31 625 ILCS 5/6-110.3
4	4	New Act
5	5	5 ILCS 805/Act rep.
6	6	15 ILCS 335/11 from Ch. 124, par. 31
7	7	625 ILCS 5/6-110.3
8	8	Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.
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10	10	LRB104 03936 RLC 13960 b
11	11	A BILL FOR
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14	14	1 AN ACT concerning government.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 1. Short title. This Act may be cited as the
18	18	5 Immigration Enforcement Act.
19	19	6 Section 5. Definitions. As used in this Act:
20	20	7 "Immigration detainer is facially sufficient" means: (i)
21	21	8 the federal immigration agency's official form is incomplete
22	22	9 and fails to indicate on its face that the federal immigration
23	23	10 official has probable cause to believe that the person to be
24	24	11 detained is a removable alien under federal immigration law
25	25	12 but is supported by an affidavit, order, or other official
26	26	13 documentation that indicates that the federal immigration
27	27	14 agency has probable cause to believe that the person to be
28	28	15 detained is a removable alien under federal immigration law
29	29	16 and the federal immigration agency supplies with its detention
30	30	17 request a Form I-200 Warrant for Arrest of Alien, a Form I-205
31	31	18 Warrant of Removal/Deportation, a successor warrant, or other
32	32	19 warrant authorized by federal law; or (ii) the federal
33	33	20 immigration agency's official form is complete and indicates
34	34	21 on its face that the federal immigration official has probable
35	35	22 cause to believe that the person to be detained is a removable
36	36	23 alien under federal immigration law.
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1202 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
41	41	New Act5 ILCS 805/Act rep.15 ILCS 335/11 from Ch. 124, par. 31625 ILCS 5/6-110.3 New Act 5 ILCS 805/Act rep. 15 ILCS 335/11 from Ch. 124, par. 31 625 ILCS 5/6-110.3
42	42	New Act
43	43	5 ILCS 805/Act rep.
44	44	15 ILCS 335/11 from Ch. 124, par. 31
45	45	625 ILCS 5/6-110.3
46	46	Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act and the Illinois Vehicle Code. Effective immediately.
47	47	LRB104 03936 RLC 13960 b LRB104 03936 RLC 13960 b
48	48	LRB104 03936 RLC 13960 b
49	49	A BILL FOR
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55	55	New Act
56	56	5 ILCS 805/Act rep.
57	57	15 ILCS 335/11 from Ch. 124, par. 31
58	58	625 ILCS 5/6-110.3
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77	77	1 "Law enforcement agency" means any entity with statutory
78	78	2 police powers and the ability to employ individuals authorized
79	79	3 to make arrests, including local and State agencies.
80	80	4 "Local entity" means a unit of local government, a school
81	81	5 district, or a community college district.
82	82	6 "State entity," means the State of Illinois and all of its
83	83	7 agencies, State universities and colleges, and all corporate
84	84	8 outgrowths of the State.
85	85	9 Section 10. Prohibited policies regarding immigration
86	86	10 enforcement. A State entity, local entity, or law enforcement
87	87	11 agency may not adopt or maintain a law, ordinance, resolution,
88	88	12 rule, regulation, policy, directive, order, practice, or
89	89	13 procedure, formal or informal, written or unwritten, that
90	90	14 prohibits or materially restricts the State entity, local
91	91	15 entity, or law enforcement agency from complying with or
92	92	16 assisting in the enforcement of immigration laws. This
93	93	17 includes prohibitions or restrictions on:
94	94	18 (1) inquiries into the immigration status of any
95	95	19 person;
96	96	20 (2) transmitting, requesting, or receiving information
97	97	21 relating to immigration status, lawful or unlawful, of any
98	98	22 person to or from any federal immigration enforcement
99	99	23 agency;
100	100	24 (3) maintaining, archiving, or otherwise storing for
101	101	25 subsequent use information relating to an individual's
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112	112	1 immigration status;
113	113	2 (4) exchanging information relating to immigration
114	114	3 status with another law enforcement agency, local entity,
115	115	4 State entity, or a federal immigration agency;
116	116	5 (5) complying with an immigration detainer, including,
117	117	6 but not limited to, refusing to cooperate or comply with a
118	118	7 lawfully issued detainer in the absence of a warrant or
119	119	8 other order directing compliance with or enforcement of
120	120	9 such a detainer;
121	121	10 (6) complying with a request from a federal
122	122	11 immigration agency to notify the agency before the release
123	123	12 of an inmate;
124	124	13 (7) providing a federal immigration agency with an
125	125	14 inmate's incarceration status or release date;
126	126	15 (8) assisting or cooperating with a federal
127	127	16 immigration agency, including by providing enforcement
128	128	17 assistance;
129	129	18 (9) participating in any program or agreement
130	130	19 authorized under Section 287 of the federal Immigration
131	131	20 and Nationality Act (8 U.S.C. 1357); or
132	132	21 (10) permitting a federal immigration officer to enter
133	133	22 and conduct enforcement activities at a municipal jail,
134	134	23 county jail, or Division of Corrections or rehabilitation
135	135	24 facility involving or related to the enforcement of
136	136	25 federal immigration laws.
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147	147	1 Section 15. Mandatory duties of law enforcement agencies
148	148	2 regarding immigration detainers.
149	149	3 (a) A law enforcement agency that takes initial custody of
150	150	4 a person subject to an immigration detainer shall:
151	151	5 (1) provide notice to the court authorized to grant or
152	152	6 deny the person's release on bail or bond that the person
153	153	7 is subject to an immigration detainer;
154	154	8 (2) record in the person's case file that the person
155	155	9 is subject to an immigration detainer; and
156	156	10 (3) upon determining that the immigration detainer is
157	157	11 facially sufficient, comply with the requests made in the
158	158	12 immigration detainer to the extent required by law.
159	159	13 (b) A law enforcement agency is not required to perform a
160	160	14 duty imposed by subsection (a) with respect to a person who has
161	161	15 been transferred to the custody of the agency by another law
162	162	16 enforcement agency subject to the requirements of this
163	163	17 section.
164	164	18 (c) A court of competent jurisdiction that receives notice
165	165	19 that a person is subject to an immigration detainer shall
166	166	20 record this information in the court record, regardless of
167	167	21 whether the notice is received before or after a judgment in
168	168	22 the case.
169	169	23 Section 20. Mandatory agreements for housing persons
170	170	24 subject to immigration detainers.
171	171	25 (a) Each county jail, municipal jail, and the Department
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182	182	1 of Corrections shall enter into an agreement with a federal
183	183	2 immigration agency for temporarily housing persons who are the
184	184	3 subject of immigration detainers and for the payment of the
185	185	4 costs of housing and detaining those persons.
186	186	5 (b) A agreement under this Section must include a contract
187	187	6 with a federal immigration agency for housing or detaining
188	188	7 persons subject to immigration detainers, such as basic
189	189	8 ordering agreements, intergovernmental service agreements,
190	190	9 agreements authorized by Section 287 of the federal
191	191	10 Immigration and Nationality Act (8 U.S.C. 1357), successor
192	192	11 agreements, or other similar agreements authorized by federal
193	193	12 law.
194	194	13 Section 25. Implementation; discrimination prohibited.
195	195	14 (a) This Act shall be implemented in a manner consistent
196	196	15 with federal laws and regulations governing immigration,
197	197	16 protecting the civil rights of all persons, and respecting the
198	198	17 privileges and immunities of United States citizens.
199	199	18 (b) A State entity, local entity, or law enforcement
200	200	19 agency and a person employed by or otherwise under the
201	201	20 direction or control of a State entity, local entity, or law
202	202	21 enforcement agency may not base the entity's, agency's, or
203	203	22 person's actions under this Act on the gender, race, color,
204	204	23 religion, language, national origin, or physical disability of
205	205	24 a person except to the extent authorized by the United States
206	206	25 Constitution, the constitution and laws of this State, or
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217	217	1 other applicable federal law.
218	218	2 Section 30. Home rule. The regulation of immigration
219	219	3 enforcement is an exclusive power and function of the State. A
220	220	4 home rule unit may not regulate immigration enforcement. This
221	221	5 Act is a denial and limitation of home rule powers and
222	222	6 functions under subsection (h) of Section 6 of Article VII of
223	223	7 the Illinois Constitution.
224	224	8 (5 ILCS 805/Act rep.)
225	225	9 Section 35. The Illinois TRUST Act is repealed.
226	226	10 Section 40. The Illinois Identification Card Act is
227	227	11 amended by changing Section 11 as follows:
228	228	12 (15 ILCS 335/11) (from Ch. 124, par. 31)
229	229	13 Sec. 11. Records.
230	230	14 (a) The Secretary may make a search of his records and
231	231	15 furnish information as to whether a person has a current
232	232	16 Standard Illinois Identification Card or an Illinois Person
233	233	17 with a Disability Identification Card then on file, upon
234	234	18 receipt of a written application therefor accompanied with the
235	235	19 prescribed fee. However, the Secretary may not disclose
236	236	20 medical information concerning an individual to any person,
237	237	21 public agency, private agency, corporation or governmental
238	238	22 body unless the individual has submitted a written request for
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249	249	1 the information or unless the individual has given prior
250	250	2 written consent for the release of the information to a
251	251	3 specific person or entity. This exception shall not apply to:
252	252	4 (1) offices and employees of the Secretary who have a need to
253	253	5 know the medical information in performance of their official
254	254	6 duties, or (2) orders of a court of competent jurisdiction.
255	255	7 When medical information is disclosed by the Secretary in
256	256	8 accordance with the provisions of this Section, no liability
257	257	9 shall rest with the Office of the Secretary of State as the
258	258	10 information is released for informational purposes only.
259	259	11 (b) Except as otherwise provided in this Section, the
260	260	12 Secretary may release personally identifying information only
261	261	13 to:
262	262	14 (1) officers and employees of the Secretary who have a
263	263	15 need to know that information for issuance of driver's
264	264	16 licenses, permits, or identification cards and
265	265	17 investigation of fraud or misconduct;
266	266	18 (2) other governmental agencies for use in their
267	267	19 official governmental functions;
268	268	20 (3) law enforcement agencies for a criminal or civil
269	269	21 investigation, except as restricted by subsections (g) and
270	270	22 (h);
271	271	23 (3-5) the State Board of Elections as may be required
272	272	24 by an agreement the State Board of Elections has entered
273	273	25 into with a multi-state voter registration list
274	274	26 maintenance system; or
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285	285	1 (4) any entity that the Secretary has authorized, by
286	286	2 rule.
287	287	3 (c) Except as otherwise provided in this Section, the
288	288	4 Secretary may release highly restricted personal information
289	289	5 only to:
290	290	6 (1) officers and employees of the Secretary who have a
291	291	7 need to access the information for the issuance of
292	292	8 driver's licenses, permits, or identification cards and
293	293	9 investigation of fraud or misconduct;
294	294	10 (2) law enforcement officials for a criminal or civil
295	295	11 law enforcement investigation, except as restricted by
296	296	12 subsections (g) and (h);
297	297	13 (3) the State Board of Elections for the purpose of
298	298	14 providing the signature for completion of voter
299	299	15 registration; or
300	300	16 (4) any other entity the Secretary has authorized by
301	301	17 rule.
302	302	18 (d) Documents required to be submitted with an application
303	303	19 for an identification card to prove the applicant's identity
304	304	20 (name and date of birth), social security number or lack of a
305	305	21 social security number, written signature, residency, and, as
306	306	22 applicable, citizenship and immigration status and country of
307	307	23 citizenship shall be confidential and shall not be disclosed
308	308	24 except to the following persons:
309	309	25 (1) the individual to whom the identification card was
310	310	26 issued, upon written request;
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321	321	1 (2) officers and employees of the Secretary of State
322	322	2 who have a need to have access to the stored images for
323	323	3 purposes of issuing and controlling driver's licenses,
324	324	4 permits, or identification cards and investigation of
325	325	5 fraud or misconduct;
326	326	6 (3) law enforcement officials for a civil or criminal
327	327	7 law enforcement investigation, except as restricted by
328	328	8 subsections (g) and (h);
329	329	9 (4) other entities that the Secretary may authorize by
330	330	10 rule.
331	331	11 (e) The Secretary may not disclose an individual's social
332	332	12 security number or any associated information obtained from
333	333	13 the Social Security Administration without the written request
334	334	14 or consent of the individual except: (i) to officers and
335	335	15 employees of the Secretary who have a need to know the social
336	336	16 security number in the performance of their official duties;
337	337	17 (ii) except as restricted by subsections (g) and (h) to law
338	338	18 enforcement officials for a civil or criminal law enforcement
339	339	19 investigation if an officer of the law enforcement agency has
340	340	20 made a written request to the Secretary specifying the law
341	341	21 enforcement investigation for which the social security number
342	342	22 is being sought; (iii) under a lawful court order signed by a
343	343	23 judge; (iv) to the Illinois Department of Veterans' Affairs
344	344	24 for the purpose of confirming veteran status to agencies in
345	345	25 other states responsible for the issuance of state
346	346	26 identification cards for participation in State-to-State
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357	357	1 verification service; or (v) the last 4 digits to the Illinois
358	358	2 State Board of Elections for purposes of voter registration
359	359	3 and as may be required pursuant to an agreement for a
360	360	4 multi-state voter registration list maintenance system. The
361	361	5 Secretary retains the right to require additional verification
362	362	6 regarding the validity of a request from law enforcement. If
363	363	7 social security information is disclosed by the Secretary in
364	364	8 accordance with this Section, no liability shall rest with the
365	365	9 Office of the Secretary of State or any of its officers or
366	366	10 employees, as the information is released for official
367	367	11 purposes only.
368	368	12 (f) The Secretary of State shall not provide facial
369	369	13 recognition search services or photographs obtained in the
370	370	14 process of issuing an identification card to any federal,
371	371	15 State, or local law enforcement agency or other governmental
372	372	16 entity for the purpose of enforcing federal immigration laws.
373	373	17 This subsection shall not apply to requests from federal,
374	374	18 State, or local law enforcement agencies or other governmental
375	375	19 entities for facial recognition search services or photographs
376	376	20 obtained in the process of issuing a driver's license or
377	377	21 permit when the purpose of the request relates to criminal
378	378	22 activity other than violations of immigration laws.
379	379	23 (g) Notwithstanding any other provision of law, the
380	380	24 Secretary may not release highly restricted personal
381	381	25 information or personally identifying information or disclose
382	382	26 documents described in subsection (d) to any immigration
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393	393	1 agent, as defined in Section 10 of the Illinois TRUST Act,
394	394	2 unless necessary to comply with the following, to the extent
395	395	3 that production of such information or documents is
396	396	4 specifically required:
397	397	5 (1) a lawful court order;
398	398	6 (2) a judicial warrant signed by a judge appointed
399	399	7 pursuant to Article III of the Constitution of the United
400	400	8 States; or
401	401	9 (3) a subpoena for individual records issued by a
402	402	10 federal or State court.
403	403	11 When responding to such a court order, warrant, or
404	404	12 subpoena, the Secretary shall disclose only those documents or
405	405	13 information specifically requested. Within 3 business days of
406	406	14 receiving such a court order, warrant, or subpoena, the
407	407	15 Secretary shall send a notification to the individual about
408	408	16 whom such information was requested that a court order,
409	409	17 warrant, or subpoena was received and the identity of the
410	410	18 entity that presented the court order, warrant, or subpoena.
411	411	19 As used in this subsection, "immigration agent" means an
412	412	20 agent of the U.S. Immigration and Customs Enforcement, the
413	413	21 U.S. Customs and Border Protection, or any similar or
414	414	22 successor agency.
415	415	23 (h) The Secretary shall not enter into or maintain any
416	416	24 agreement regarding the sharing of any highly restricted
417	417	25 personal information or personally identifying information or
418	418	26 documents described in subsection (d) unless all other parties
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429	429	1 to such agreement certify that the information obtained will
430	430	2 not be used for civil immigration purposes or knowingly
431	431	3 disseminated to any third party for any purpose related to
432	432	4 civil immigration enforcement.
433	433	5 (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
434	434	6 Section 45. The Illinois Vehicle Code is amended by
435	435	7 changing Section 6-110.3 as follows:
436	436	8 (625 ILCS 5/6-110.3)
437	437	9 Sec. 6-110.3. Restrictions on use of information for
438	438	10 certain purposes.
439	439	11 (a) Notwithstanding any other provision of law, the
440	440	12 Secretary may not release or make accessible in any manner any
441	441	13 highly restricted personal information as defined in Section
442	442	14 1-125.9 or personally identifying information as defined in
443	443	15 Section 1-159.2, provide images, photos, or facial recognition
444	444	16 services as described in Section 6-110.1, or disclose
445	445	17 documents as described in Section 6-110.2 to any immigration
446	446	18 agent as defined in Section 10 of the Illinois TRUST Act,
447	447	19 unless necessary to comply with the following, to the extent
448	448	20 that production of such information or documents is
449	449	21 specifically required:
450	450	22 (1) a lawful court order;
451	451	23 (2) a judicial warrant signed by a judge appointed
452	452	24 pursuant to Article III of the Constitution of the United
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463	463	1 States; or
464	464	2 (3) a subpoena for individual records issued by a
465	465	3 federal or State court.
466	466	4 When responding to such a court order, warrant, or
467	467	5 subpoena, the Secretary shall disclose only those documents or
468	468	6 information specifically requested. Within 3 business days of
469	469	7 receiving such a court order, warrant, or subpoena, the
470	470	8 Secretary shall send a notification to the individual about
471	471	9 whom such information was requested that a court order,
472	472	10 warrant, or subpoena was received and the identity of the
473	473	11 entity that presented the court order, warrant, or subpoena.
474	474	12 As used in this subsection, "immigration agent" means an
475	475	13 agent of the U.S. Immigration and Customs Enforcement, the
476	476	14 U.S. Customs and Border Protection, or any similar or
477	477	15 successor agency.
478	478	16 (b) The Secretary shall not enter into or maintain any
479	479	17 agreement regarding the sharing of any highly restricted
480	480	18 personal information as defined in Section 1-125.9, personally
481	481	19 identifying information as defined in Section 1-159.2, images
482	482	20 or photos described in Section 6-110.1, or documents described
483	483	21 in Section 6-110.2 unless all other parties to such agreement
484	484	22 certify that the information obtained will not be used for
485	485	23 civil immigration purposes or knowingly disseminated to any
486	486	24 third party for any purpose related to civil immigration
487	487	25 enforcement.
488	488	26 (Source: P.A. 103-210, eff. 7-1-24.)
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