Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1313 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1313 Introduced 1/28/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: 5 ILCS 805/15 Amends the Illinois TRUST Act. Provides that certain limitations under the Act regarding actions that may be taken by law enforcement agencies and officials do not apply with respect to an individual who is not a citizen of the United States and who has been charged or convicted of a criminal offense under Illinois law. Directs a law enforcement agency or official to immediately notify an immigration agent whenever it has in its custody such an individual. Effective immediately. LRB104 10581 BDA 20657 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1313 Introduced 1/28/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: 5 ILCS 805/15 5 ILCS 805/15 Amends the Illinois TRUST Act. Provides that certain limitations under the Act regarding actions that may be taken by law enforcement agencies and officials do not apply with respect to an individual who is not a citizen of the United States and who has been charged or convicted of a criminal offense under Illinois law. Directs a law enforcement agency or official to immediately notify an immigration agent whenever it has in its custody such an individual. Effective immediately. LRB104 10581 BDA 20657 b LRB104 10581 BDA 20657 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1313 Introduced 1/28/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 805/15 5 ILCS 805/15
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5	5	Amends the Illinois TRUST Act. Provides that certain limitations under the Act regarding actions that may be taken by law enforcement agencies and officials do not apply with respect to an individual who is not a citizen of the United States and who has been charged or convicted of a criminal offense under Illinois law. Directs a law enforcement agency or official to immediately notify an immigration agent whenever it has in its custody such an individual. Effective immediately.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois TRUST Act is amended by changing
15	15	5 Section 15 as follows:
16	16	6 (5 ILCS 805/15)
17	17	7 Sec. 15. Prohibition on enforcing federal civil
18	18	8 immigration laws.
19	19	9 (a) A law enforcement agency or law enforcement official
20	20	10 shall not detain or continue to detain any individual solely
21	21	11 on the basis of any immigration detainer or civil immigration
22	22	12 warrant or otherwise comply with an immigration detainer or
23	23	13 civil immigration warrant.
24	24	14 (b) A law enforcement agency or law enforcement official
25	25	15 shall not stop, arrest, search, detain, or continue to detain
26	26	16 a person solely based on an individual's citizenship or
27	27	17 immigration status.
28	28	18 (c) (Blank).
29	29	19 (d) A law enforcement agency or law enforcement official
30	30	20 acting in good faith in compliance with this Section who
31	31	21 releases a person subject to an immigration detainer or civil
32	32	22 immigration warrant shall have immunity from any civil or
33	33	23 criminal liability that might otherwise occur as a result of
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1313 Introduced 1/28/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 805/15 5 ILCS 805/15
39	39	5 ILCS 805/15
40	40	Amends the Illinois TRUST Act. Provides that certain limitations under the Act regarding actions that may be taken by law enforcement agencies and officials do not apply with respect to an individual who is not a citizen of the United States and who has been charged or convicted of a criminal offense under Illinois law. Directs a law enforcement agency or official to immediately notify an immigration agent whenever it has in its custody such an individual. Effective immediately.
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43	43	A BILL FOR
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68	68	1 making the release, with the exception of willful or wanton
69	69	2 misconduct.
70	70	3 (e) A law enforcement agency or law enforcement official
71	71	4 may not inquire about or investigate the citizenship or
72	72	5 immigration status or place of birth of any individual in the
73	73	6 agency or official's custody or who has otherwise been stopped
74	74	7 or detained by the agency or official. Nothing in this
75	75	8 subsection shall be construed to limit the ability of a law
76	76	9 enforcement agency or law enforcement official, pursuant to
77	77	10 State or federal law, to notify a person in the law enforcement
78	78	11 agency's custody about that person's right to communicate with
79	79	12 consular officers from that person's country of nationality,
80	80	13 or facilitate such communication, in accordance with the
81	81	14 Vienna Convention on Consular Relations or other bilateral
82	82	15 agreements. Nothing in this subsection shall be construed to
83	83	16 limit the ability of a law enforcement agency or law
84	84	17 enforcement official to request evidence of citizenship or
85	85	18 immigration status pursuant to the Firearm Owners
86	86	19 Identification Card Act, the Firearm Concealed Carry Act,
87	87	20 Article 24 of the Criminal Code of 2012, or 18 United States
88	88	21 Code Sections 921 through 931.
89	89	22 (f) Unless otherwise limited by federal law, a law
90	90	23 enforcement agency or law enforcement official may not deny
91	91	24 services, benefits, privileges, or opportunities to an
92	92	25 individual in custody or under probation status, including,
93	93	26 but not limited to, eligibility for or placement in a lower
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104	104	1 custody classification, educational, rehabilitative, or
105	105	2 diversionary programs, on the basis of the individual's
106	106	3 citizenship or immigration status, the issuance of an
107	107	4 immigration detainer or civil immigration warrant against the
108	108	5 individual, or the individual being in immigration removal
109	109	6 proceedings.
110	110	7 (g)(1) No law enforcement agency, law enforcement
111	111	8 official, or any unit of State or local government may enter
112	112	9 into or renew any contract, intergovernmental service
113	113	10 agreement, or any other agreement to house or detain
114	114	11 individuals for federal civil immigration violations.
115	115	12 (2) Any law enforcement agency, law enforcement official,
116	116	13 or unit of State or local government with an existing
117	117	14 contract, intergovernmental agreement, or other agreement,
118	118	15 whether in whole or in part, that is utilized to house or
119	119	16 detain individuals for civil immigration violations shall
120	120	17 exercise the termination provision in the agreement as applied
121	121	18 to housing or detaining individuals for civil immigration
122	122	19 violations no later than January 1, 2022.
123	123	20 (h) Unless presented with a federal criminal warrant, or
124	124	21 otherwise required by federal law, a law enforcement agency or
125	125	22 official may not:
126	126	23 (1) participate, support, or assist in any capacity
127	127	24 with an immigration agent's enforcement operations,
128	128	25 including any collateral assistance such as coordinating
129	129	26 an arrest in a courthouse or other public facility,
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140	140	1 providing use of any equipment, transporting any
141	141	2 individuals, or establishing a security or traffic
142	142	3 perimeter surrounding such operations, or any other
143	143	4 on-site support;
144	144	5 (2) give any immigration agent access, including by
145	145	6 telephone, to any individual who is in that agency's
146	146	7 custody;
147	147	8 (3) transfer any person into an immigration agent's
148	148	9 custody;
149	149	10 (4) permit immigration agents use of agency facilities
150	150	11 or equipment, including any agency electronic databases
151	151	12 not available to the public, for investigative interviews
152	152	13 or other investigative or immigration enforcement purpose;
153	153	14 (5) enter into or maintain any agreement regarding
154	154	15 direct access to any electronic database or other
155	155	16 data-sharing platform maintained by any law enforcement
156	156	17 agency, or otherwise provide such direct access to the
157	157	18 U.S. Immigration and Customs Enforcement, United States
158	158	19 Customs and Border Protection or any other federal entity
159	159	20 enforcing civil immigration violations;
160	160	21 (6) provide information in response to any immigration
161	161	22 agent's inquiry or request for information regarding any
162	162	23 individual in the agency's custody; or
163	163	24 (7) provide to any immigration agent information not
164	164	25 otherwise available to the public relating to an
165	165	26 individual's release or contact information, or otherwise
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176	176	1 facilitate for an immigration agent to apprehend or
177	177	2 question an individual for immigration enforcement.
178	178	3 (i) Nothing in this Section shall preclude a law
179	179	4 enforcement official from otherwise executing that official's
180	180	5 duties in investigating violations of criminal law and
181	181	6 cooperating in such investigations with federal and other law
182	182	7 enforcement agencies (including criminal investigations
183	183	8 conducted by federal Homeland Security Investigations (HSI))
184	184	9 in order to ensure public safety.
185	185	10 (j) Notwithstanding any other provision of this Section, a
186	186	11 law enforcement agency or official may take any action
187	187	12 described in this Section with respect to an individual who is
188	188	13 not a citizen of the United States and who has been charged or
189	189	14 convicted of a criminal offense under Illinois law. A law
190	190	15 enforcement agency or official shall immediately notify an
191	191	16 immigration agent whenever it has in its custody such an
192	192	17 individual.
193	193	18 (Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)
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