SB2502 102ND GENERAL ASSEMBLY

LRB102 16551 KMF 21946 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2502

Introduced 2/26/2021, by Sen. Omar Aquino

SYNOPSIS AS INTRODUCED:

5 ILCS 805/10

Amends the Illinois TRUST Act. Modifies the definitions of "immigration detainer" and "non-judicial immigration warrant" for purposes of the Act. Effective immediately.

A BILL FOR

AN ACT concerning immigration.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois TRUST Act is amended by changing Section 10 as follows:

(5 ILCS 805/10)

Sec. 10. Definitions. In this Act:

"Immigration detainer" means a request to a State or local law enforcement agency to provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law, including detainers issued pursuant to Sections 1226 or 1357 of Title 8 of the United States Code or Sections 287.7 or 236.1 of Title 8 of the Code of Federal Regulations. An immigration detainer includes, but is not limited to, Form I-247A (Immigration Detainer – Notice of Action form) and any predecessor or successor form. a document issued by an immigration agent that is not approved or ordered by a judge and requests a law enforcement agency or law enforcement official to provide notice of release or maintain custody of a person, including a detainer issued under Section 1226 or 1357 of Title 8 of the United States Code or Section 236.1 or 287.7 of Title 8 of the Code of Federal Regulations.

"Law enforcement agency" means an agency of the State or of a unit of local government charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State.

"Law enforcement official" means any individual with the power to arrest or detain individuals, including law enforcement officers, county corrections officer, and others employed or designated by a law enforcement agency.

"Non-judicial immigration warrant" means an immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose. A civil immigration warrant includes, but is not limited to, Form I-200 (Warrant for the Arrest of Alien), Form I-205 (Warrant of Removal/Deportation), any predecessor or successor form, and all warrants, hits, or requests contained in the Immigration Violator File of the National Crime Information Center database of the Federal Bureau of Investigations. "Non-judicial immigration warrant" does not include any criminal warrant issued upon a judicial determination of probable cause, and in compliance with the requirements of the 4th Amendment to the United States Constitution and Section 6 of Article I of the Illinois Constitution. a Form I-200 or I-205 administrative warrant or any other immigration warrant or request that is not approved or ordered by a judge, including administrative warrants entered into the Federal Bureau of Investigation's National Crime Information Center database.

(Source: P.A. 100-463, eff. 8-28-17.)

Section 99. Effective date. This Act takes effect upon becoming law.