LAW ENFORCEMENT-IMMIGRATION
Summary
Amends the Illinois TRUST Act. Modifies the definitions of "immigration detainer" and "non-judicial immigration warrant" for purposes of the Act. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 5 ILCS 805/5 5 ILCS 805/15 5 ILCS 805/25 new 5 ILCS 805/30 new 5 ILCS 825/10 5 ILCS 825/11 new 5 ILCS 825/20 new 5 ILCS 825/25 new 5 ILCS 825/30 new Replaces everything after the enacting clause. Creates the Illinois Way Forward Act. Amends the Illinois TRUST Act. In a provision concerning prohibition on enforcing federal civil immigration laws, provides that a law enforcement agency or law enforcement official may not inquire about or investigate the citizenship or immigration status or place of birth of any individual in the agency or official's custody or who has otherwise been stopped or detained by the agency or official. Provides that a certain provision shall not be construed to limit the ability of a law enforcement agency or law enforcement official to notify a person in the law enforcement agency's custody about that person's right to communicate with consular officers from that person's country of nationality, or facilitate such communication, in accordance with the Vienna Convention on Consular Relations or other bilateral agreements. Provides that a specified provision shall not be construed to limit the ability of law enforcement agencies or officials to request evidence of citizenship or immigration status for specified purposes. Provides that unless otherwise limited by federal law, a law enforcement agency or law enforcement official may not deny services, benefits, privileges, or opportunities to an individual in custody or under probation status, including but not limited to eligibility or placement in a lower custody classification, educational, rehabilitative, or diversionary programs, on the basis of the individual's citizenship or immigration status, the issuance of an immigration detainer or civil immigration warrant against the individual, or the individual being in immigration removal proceedings. Provides that unless presented with a federal criminal warrant, or otherwise required by federal law, a law enforcement agency or official may not perform specified actions. Provides that law enforcement agencies shall submit a report annually to the Attorney General to ensure compliance with the Illinois TRUST Act. Provides that the Attorney General has enforcement powers to ensure compliance with the Illinois TRUST Act. Amends the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Makes similar changes. Provides for training officials to ensure compliance with this Act. Makes other changes. Defines terms. Contains a severability provision. Effective immediately. Senate Floor Amendment No. 2 Further amends the Illinois TRUST Act. In a provision concerning legislative purpose, provides that the changes made to the definitions of immigration detainer and civil immigration warrant (formerly "non-judicial immigration warrant") by a specified provision of this amendatory Act of the 102nd General Assembly are declarative of existing law. Provides that nothing in this Act shall prevent a law enforcement officer from contacting another law enforcement agency for the purposes of clarifying or confirming the civil or criminal nature of notifications or other records provided by the National Crime Information Center, or the Law Enforcement Agencies Data Administrative System. Adds to definitions of "law enforcement official" and "immigration detainer". Deletes the definition of "non-judicial immigration warrant". Defines "citizenship or immigration status", "civil immigration warrant", "contact information", and "immigration agent".
Bill status
signed
all 5 stages cleared
Introduction
May 2021
Committee Review
May 2021
Senate Passage
May 2021
House Passage
May 2021
Signed into Law
Aug 2021
Introduced May 28, 2021
Signed Aug 2, 2021
Floor votes · Senate May 28, 2021 · House May 31, 2021
How they voted
26–18
Passed · 2 other
Total votes 46
May 28, 2021
D
Democratic29
89% Yea
R
Republican17
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
92
Key actions
8
Committee
8
Amendments
8
Aug 2, 2021
Signed into law
Governor Approved
upper
May 31, 2021
Upper · Passed
Passed Both Houses
upper
May 31, 2021
Lower · Passed
Third Reading - Short Debate - Passed 068-047-000
lower
May 29, 2021
Lower · Passed
Do Pass / Short Debate Immigration & Human Rights Committee; 005-003-000
lower
May 29, 2021
Committee
Assigned to Immigration & Human Rights Committee
lower
May 28, 2021
Committee
Referred to Rules Committee
lower
May 28, 2021
Introduced
Arrived in House
lower
May 28, 2021
Upper · Passed
Third Reading - Passed; 036-019-000
upper
May 28, 2021
Upper · Passed
Senate Floor Amendment No. 2 Adopted; Aquino
upper
May 13, 2021
Introduced
Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 009-005-000
upper
May 12, 2021
Introduced
Senate Floor Amendment No. 2 Assignments Refers to Executive
upper
May 11, 2021
Committee
Senate Floor Amendment No. 2 Referred to Assignments
upper
May 11, 2021
Introduced
Senate Floor Amendment No. 2 Filed with Secretary by Sen. Omar Aquino
upper
May 6, 2021
Upper · Passed
Senate Floor Amendment No. 1 Adopted; Aquino
upper
Apr 29, 2021
Introduced
Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 010-005-000
upper
Apr 27, 2021
Introduced
Senate Floor Amendment No. 1 Assignments Refers to Executive
upper
Apr 22, 2021
Committee
Senate Floor Amendment No. 1 Referred to Assignments
upper
Apr 22, 2021
Introduced
Senate Floor Amendment No. 1 Filed with Secretary by Sen. Omar Aquino
upper
Apr 15, 2021
Upper · Passed
Do Pass Executive; 011-002-000
upper
Mar 23, 2021
Committee
Assigned to Executive
upper
Feb 25, 2021
Committee
Referred to Assignments
upper
2 primary · 47 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Lisa Hernandez
DDemocratic
P
Omar Aquino
DDemocratic
Co
AO
Aarón Ortíz
DDemocratic
Co
Adriane Johnson
DDemocratic
Co
Angie Guerrero-Cuellar
DDemocratic
Co
Anna Moeller
DDemocratic
Co
Anne Stava
DDemocratic
Co
Barbara Hernandez
DDemocratic
Co
Bob Morgan
DDemocratic
Co
Camille Lilly
DDemocratic
Co
Celina Villanueva
DDemocratic
Co
Cristina Castro
DDemocratic
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