Immigration (Enforcement)

Amends the School Code. Prohibits a child from being denied a free public education through secondary school while in the State based on the child's or associated person's perceived or actual citizenship or immigration status. Prohibits a school from excluding a child, or associated person, from participation in or denying a child, or associated person, the benefits of any program or activity on the grounds of that child's, or associated person's, actual or perceived citizenship or immigration status. Provides that a school must not use criteria, measures, or methods of administration that have the effect of excluding from participation or denying the benefits of any program or activity because of a child's, or associated person's, actual or perceived immigration status. Prohibits a school from threatening to disclose information regarding or relating to the actual or perceived citizenship or immigration status of a child, or associated person, or actually disclosing information based on perceived or unverified citizenship or immigration status, to any other person, entity, or any immigration or law enforcement agency. Provides that a school must not allow an immigration agent to enter a school site or school district facility for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and, to the extent possible, receiving approval from the superintendent of the school district or the principal of the charter school, and their legal counsel. Provides that a school district or school must not detain any individual solely on the basis of any formal or informal request, or immigration detainer or civil immigration warrant from an immigration agent. Requires a school district or school to adopt a policy for complying with the amendatory Act. Allows any party aggrieved by a violation of the provisions to bring a civil lawsuit no later than 2 years after the violation occurred. Provides that if the court finds that a violation has occurred, the court may award to the plaintiff 3 times actual damages or $17,000, whichever is greater. Makes other changes.

Amends the School Code. Prohibits a child from being denied a free public education through secondary school while in the State based on the child's or associated person's perceived or actual citizenship or immigration status. Prohibits a school from excluding a child, or associated person, from participation in or denying a child, or associated person, the benefits of any program or activity on the grounds of that child's, or associated person's, actual or perceived citizenship or immigration status. Provides that a school must not use criteria, measures, or methods of administration that have the effect of excluding from participation or denying the benefits of any program or activity because of a child's, or associated person's, actual or perceived immigration status. Prohibits a school from threatening to disclose information regarding or relating to the actual or perceived citizenship or immigration status of a child, or associated person, or actually disclosing information based on perceived or unverified citizenship or immigration status, to any other person, entity, or any immigration or law enforcement agency. Provides that a school must not allow an immigration agent to enter a school site or school district facility for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and, to the extent possible, receiving approval from the superintendent of the school district or the principal of the charter school, and their legal counsel. Provides that a school district or school must not detain any individual solely on the basis of any formal or informal request, or immigration detainer or civil immigration warrant from an immigration agent. Requires a school district or school to adopt a policy for complying with the amendatory Act. Allows any party aggrieved by a violation of the provisions to bring a civil lawsuit no later than 2 years after the violation occurred. Provides that if the court finds that a violation has occurred, the court may award to the plaintiff 3 times actual damages or $17,000, whichever is greater. Makes other changes.

Creates the Victim Centered Approach Pilot Program Act. Provides that the Lake County State's Attorney shall develop a program to represent noncitizen victims of violent crimes in the filing of victim remedies before the United States Citizenship and Immigration Services Office administrative body. Provides that the Lake County State's Attorney shall use any funding provided to the pilot program to represent or give counsel to 50 noncitizen victims annually for the next 5 years who were victimized by violent crimes in Lake County. Provides that the to be eligible for assistance under the program, an individual must: (1) be a noncitizen victim, who has never been placed in removal proceedings; (2) have suffered a violent crime in Lake County; and (3) not be barred from the immigration remedies before the administrative body. Amends the Counties Code. Provides that, in counties with a population of more than 500,000, a State's Attorney may act, without fee or appointment, as an attorney to a noncitizen victim in an immigration case only if the noncitizen victim was victimized within the county the State's Attorney serves and is located within the geographic boundaries of the county served by the State's Attorney.

Creates the Unmasked Federal Enforcement Transparency Act. Provides that an officer, agent, employee, or contractor of the U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, Homeland Security Investigations, or any other component of the U.S. Department of Homeland Security engaged in immigration-related arrests, detentions, or field investigations in Illinois shall not wear a face covering or otherwise intentionally conceal the officer's or agent's face or identity while conducting or participating in an enforcement action in the State. Provides that a temporary face covering may be used only when the supervising officer documents, in writing, an immediate and specific safety threat that cannot be mitigated by other means. Provides that during an enforcement action, a covered federal officer or agent shall display: (1) a clearly visible name or unique identification number; and (2) a clearly visible insignia or marking identifying the officer's federal agency. Provides that use of unmarked uniforms or equipment that obscures agency affiliation is prohibited during public-facing enforcement activity. Provides that no State agency, unit of local government, or law enforcement officer shall materially assist, coordinate with, or provide resources to any enforcement action that violates these provisions. Provides that the Attorney General may receive and investigate complaints of violations of the Act, may issue subpoenas, and may bring a civil action for declaratory or injunctive relief in any court of competent jurisdiction. Provides that no employee or contractor of a State or local governmental entity shall be retaliated against for reporting a violation of the Act to the Attorney General. Preempts home rule. Defines terms. Contains a severability provision. Effective immediately.

Reaffirms the right to due process as the bedrock of a fair judicial system. Condemns racial profiling and the violent tactics that are eroding trust in all of law enforcement. Condemns the lawless actions of the Trump Administration that have defied local and constitutional laws and denied people of all types of immigration status their rights to due process.

Amends the Child Care Act of 1969. Provides that a licensed day care center shall not disclose or threaten to disclose to any other person, entity, or agency information regarding or relating to the actual or perceived citizenship or immigration status of a child or an associated person, unless disclosure is required by State or federal law. Provides that a licensed day care center shall not consent to entry to its premises by a law enforcement agent for immigration enforcement action unless the law enforcement agent provides valid identification and a signed judicial warrant or order or subpoena to enter the facility. Requires the Department of Children and Family Services or the Department of Early Childhood, as is applicable, to make available on its website specified resources for families. Provides that, if a child's parent or guardian directly faces immigration enforcement action, a licensed day care center shall use the child's emergency contact information and release the child to the persons designated as the child's emergency contacts or into the custody of an individual who presents a properly executed appointment of short-term guardian form on behalf of the child. Sets forth provisions requiring a licensed day care center to adopt certain policies concerning consent to disclosure. Establishes enforcement provisions for violations of disclosure provisions. Effective immediately.

Creates the Illinois Bivens Act. Authorizes any resident of the State, other than an officer or employee of a State or local governmental entity in the State, to bring a civil action against any person who, while participating in civil immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the United States Constitution. Establishes remedies for violations of the Act. Creates criteria that are to be used in determining the amount of punitive damages that will be awarded under the Act. Amends the Whistleblower Act. Provides that an employer may not take retaliatory action against an employee for disclosing or threatening to disclose in good faith a violation of the Illinois Bivens Act. Makes conforming changes to the definition of "retaliatory action". Makes the provisions of the Act severable. Effective immediately.

Amends the Child Care Act of 1969. Provides that a licensed day care center shall not disclose or threaten to disclose to any other person, entity, or agency information regarding or relating to the actual or perceived citizenship or immigration status of a child or an associated person, unless disclosure is required by State or federal law. Requires the Department of Children and Family Services or the Department of Early Childhood, as is applicable, to make available on its website specified resources for families. Provides that, if a child's parent or guardian directly faces immigration enforcement action, a licensed day care center shall use the child's emergency contact information and release the child to the persons designated as the child's emergency contacts or into the custody of an individual who presents a properly executed appointment of short-term guardian form on behalf of the child. Sets forth provisions requiring a licensed day care center to adopt certain policies concerning consent to disclosure. Provides that the policies shall not have the effect of excluding or discouraging a child from any program at the licensed day care center because of the actual or perceived immigration status of the child or the child's parent or guardian. Establishes enforcement provisions for violations of disclosure provisions. Effective immediately.