Immigration

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, the School Code, the Public Higher Education Act, and the Illinois Vehicle Code. Effective immediately.

Creates the Prohibited Hiring of Federal Immigration Officers Act. Provides that a law enforcement agency may not hire as a law enforcement officer any person who was hired as a federal immigration officer by the U.S. Department of Immigration and Customs Enforcement between January 20, 2025 and January 20, 2029. Defines "federal immigration officer", "law enforcement agency", "law enforcement officer", and "local law enforcement agency". Limits the concurrent exercise of home rule powers.

Amends the Paid Leave for All Workers Act. Provides that the definition of "employee" does not include a worker participating in the H-2A temporary agricultural program. Effective immediately.

Amends the Illinois State Police Law. Provides that, if a noncitizen is convicted of a crime that results in death or great bodily harm, then the Illinois State Police shall deport the noncitizen to the noncitizen's country of origin after the noncitizen is released from a term of incarceration, unless the Illinois State Police cannot determine the noncitizen's country of origin. Provides that, if the Illinois State Police cannot determine the noncitizen's country of origin, then the Illinois State Police shall deport the noncitizen to the noncitizen's country of entry. Provides that, if the noncitizen was not sentenced to a term of incarceration, then the Illinois State Police shall deport the noncitizen after the noncitizen is sentenced. Defines "country of entry" and "country of origin". Amends the Illinois Administrative Procedure Act. Grants the Illinois State Police emergency rulemaking powers. Effective immediately.

Amends the Counties Code and the Unified Code of Corrections. Provides that the Department of Corrections or a county sheriff shall, at the request of the Department of Homeland Security, including, but not limited to, Immigration and Customs Enforcement or a federal immigrant agent: (1) participate, support, or assist in any capacity with an immigration agent's enforcement operations; (2) provide the immigration agent access to an individual in the Department's or county sheriff's custody, either in person or by telephone; (3) transfer any individual in the Department's or sheriff's custody into an immigration agent's custody; (4) allow the use of Department or county jail facilities or equipment, including any electronic databases, for investigative interviews or other investigative or immigration enforcement purpose; (5) enter into or maintain any agreement regarding direct access to any electronic database or other data-sharing platform maintained by the Department or county sheriff and provide such direct access to the U.S. Immigration and Customs Enforcement Agency; and (6) provide information in response to any immigration agent's inquiry or request for information regarding any individual in the Department's or sheriff's custody including information regarding the individual's release. Amends the Illinois TRUST Act to make conforming changes.

Amends the Property Owned By Noncitizens Act. Provides that, beginning on the effective date of the amendatory Act, the Governor shall take such actions as may be necessary to prohibit the purchase of public or private real estate located in Illinois by any noncitizens. Provides that the Commission on Government Forecasting and Accountability shall submit to the General Assembly a report that details the history of purchases of public and private real estate located in the State by noncitizens; provides more information on the percentage of real estate located in the State that is owned by noncitizens; and offers recommendations to make it easier for citizens and harder for noncitizens to purchase real estate located in the State, including farmland. Repeals the provisions 5 years after the effective date of the Act. Makes conforming changes.

Amends the Illinois Identification Card Act. Changes the definition of "limited term REAL ID compliant identification card". In a provision regarding applications, removes language providing that the Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in the country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country. In a provisions regarding records, removes language providing that the Secretary: (1) may not release highly restricted personal information or personally identifying information or disclose specified documents to any immigration agent, unless necessary to comply with specified situations; and (2) shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or specified documents unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. Makes other and conforming changes. Amends the Illinois Vehicle Code. Changes the definition of "limited term Real ID compliant driver's license". In a provision regarding the application for license or instruction permit, removes language providing that if an applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then if the applicant does not have specified documentation the applicant may provide other specified documentation. Repeals a provision regarding the restrictions on the use of information for certain purposes. Makes other and conforming changes.

Amends the Paid Leave for All Workers Act. Provides that the definition of "employee" does not include a worker participating in the H-2A temporary agricultural program. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial.

This resolution (HR 83) urges Illinois to repeal the TRUST Act, a law that restricts local police from cooperating with federal immigration enforcement. The TRUST Act prohibits police from asking about immigration status during routine stops, detaining individuals solely based on immigration status, sharing information with ICE, or entering agreements to detain people for immigration violations. The resolution argues these restrictions hinder law enforcement cooperation, risk losing federal funding, and reduce community safety by limiting police effectiveness. As a non-binding resolution, it does not change law but formally requests the state government to seek repeal.