Immigration

Creates the Dependency Determinations for Unaccompanied Children Act. Creates a process for an unaccompanied child in the custody of the federal Office of Refugee Resettlement housed in Illinois who is alleged to have been abused, neglected, or abandoned by one or both parents to file a petition seeking a finding of dependency under the Act. Provides that a child declared dependent is eligible for oversight and services as ordered by the court and may be referred for psychological, educational, medical, or social services deemed necessary as a result of parental abuse, abandonment, or neglect or for protection against trafficking or domestic violence. Defines terms. Makes legislative findings. Effective immediately.

Creates the Illinois Biometric Surveillance Act. Provides that law enforcement agencies may not obtain, retain, possess, access, request, use, or enter into an agreement with a third party, State or local government agency, or federal agency to obtain, retain, possess, access request, or use a biometric identification system. Provides a private right of action and for enforcement by the Attorney General. Amends the Illinois Identification Card Act and the Illinois Vehicle Code to provide that the Secretary of State may not provide facial recognition search services except for verification of an individual's identity when issuing a mobile driver's license or identification card.

Amends the Illinois State Police Act. Provides that all persons appointed as Illinois State Police officers shall, at the time of their appointment, be citizens of the United States or persons with proof of a permanent resident card (rather than only citizens of the United States). Amends Counties Code. Provides that, if a person is a person with proof of a permanent resident card, then the sheriff of any county or the corporate authorities of any municipality may not deny employment to that person on the basis that the person is not a citizen of the United States. Provides that, if a person with a proof of a permanent resident card is an Illinois State Police officer or Department of Corrections officer and the person's permanent resident card becomes invalid, then the Director of State Police and the Board or the sheriff of any county or the corporate authorities of any municipality shall provide the person with 6 months from the date that the person's permanent resident card became invalid to receive a new permanent resident card or to have the person's invalid permanent resident card to be reissued. Defines "person with proof of a permanent resident card". Effective July 1, 2026.

Amends the Illinois Dental Practice Act. Provides that "community health center" means a migrant health center, community health center, health care program for the homeless or for residents of public housing supported under the federal Public Health Service Act, or FQHC, including an FQHC Look-Alike, as designated by the U.S. Department of Health and Human Services, that operates at least one federally designated primary health care delivery site in Illinois. Provides that "physician" means a person licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches and does not include a chiropractic physician. In provisions concerning acts constituting the practice of dental hygiene, provides that a public health dental hygienist may not administer local anesthesia except as provided in the amendatory provisions. Provides that a dental hygienist practicing in a community health center may administer local anesthetics upon the successful completion of a training program approved by the Department and under the general supervision of a dentist as long as the community health center: (i) has adopted written policies and procedures establishing supervision by a dentist or physician at the time the local anesthetics are administered, and (ii) ensures that a dentist or physician is physically present in the clinic at the time the local anesthetics are administered.

Amends the Illinois Municipal Code. Provides that a detention center facility may not be located, constructed, or operated within 1,500 feet of the property boundaries of any school, day care center, day care home, cemetery, public park, forest preserve, public housing, private residence, or place of religious worship, regardless of address. Defines "detention center facility" and "federal immigration authority". Effective immediately.

Amends the Criminal Code of 2012. Creates the offense of unlawful restraint for civil immigration enforcement. Provides that a person commits the offense when he or she knowingly and without express legal authority from an immigration agent: (1) detains another for the purpose of civil immigration enforcement; (2) by force or threat of imminent force transfers another person from one place to another with the intent to detain the other person for civil immigration enforcement; (3) by deceit or enticement induces another person to transfer from one place to another with intent to detain the other person for civil immigration enforcement; or (4) uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement. Provides that the offense does not apply to any immigration agent. Provides that a violation is a Class 4 felony, except when the person uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement, a violation is a Class 3 felony.

Amends the Survivor Support and Trafficking Prevention Article of the Illinois Public Aid Code. Extends eligibility for State funded cash assistance and SNAP benefits to humanitarian immigrants, subject to available funding, if they are not eligible for such benefits solely due to citizenship or immigration status requirements but otherwise meet the financial and nonfinancial factors of eligibility. Lists the classes of humanitarian immigrants eligible for SNAP benefits under the Article. Provides that any individual residing in an institution or other setting that provides the majority of the individual's daily meals is not eligible for SNAP benefits. Exempts persons who do not have legal authorization to work from the statutory work requirements. Makes other changes. Effective immediately.

Amends the Code of Civil Procedure. Creates an eviction moratorium for residential real estate for a 12-month period against a tenant or a member of the tenant's household who: (1) has been unable to work for any period of time because of detention by immigration authorities within the previous 12 months; or (2) has experienced termination of benefits under the federal Supplemental Nutrition Assistance Program (SNAP), Medicaid, or Social Security within the previous 12 months; and (3) the detention or benefit termination has materially affected the tenant's ability to pay the agreed rent. Provides that the court may issue a residential eviction order if a covered tenant poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property. Prohibits a residential landlord from commencing or continuing a residential eviction action a tenant who has provided the landlord with a declaration that the tenant is a covered tenant under the Act during the 12-month period. Prohibits a residential landlord from charging any fees, penalties, or other charges related to the nonpayment of rent by a covered tenant during the 12-month period. Provides that nothing in the Act may be construed as relieving any individual of the obligation to pay rent or comply with any other obligation that an individual may have under a lease or rental agreement. Provides that the Illinois Housing Development Authority may adopt rules to create the required form for a declaration.

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.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall establish a loan program to provide low interest loans to small businesses that have been negatively impacted by federal immigration enforcement. Provides that the Department may make those loans from the Federal Immigration Recovery Fund and may administer the program directly through the Fund or enter into agreements with banks, credit unions, nonprofit loan administrations, or community development financial institutions. Amends the State Finance Act to create the Federal Immigration Recovery Fund. Effective immediately.