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1		AN ACT concerning immigration.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Illinois Way Forward Act.
6		Section 5. The Illinois TRUST Act is amended by changing
7		Sections 5, 10, and 15 and by adding Sections 25 and 30 as
8		follows:
9		(5 ILCS 805/5)
10		Sec. 5. Legislative purpose. Recognizing that State law
11		does not currently grant State or local law enforcement the
12		authority to enforce federal civil immigration laws, it is the
13		intent of the General Assembly that nothing in this Act shall
14		be construed to authorize any law enforcement agency or law
15		enforcement official to enforce federal civil immigration law.
16		The changes made to the definitions of immigration detainer
17		and civil immigration warrant (formerly "non-judicial
18		immigration warrant") by Section 10 of this amendatory Act of
19		the 102nd General Assembly are declarative of existing law.
20		This Act shall not be construed to prohibit or restrict any
21		entity from sending to, or receiving from, the United States
22		Department of Homeland Security or other federal, State, or

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1		local government entity information regarding the citizenship
2		or immigration status of any individual under Sections 1373
3		and 1644 of Title 8 of the United States Code. Further, nothing
4		in this Act shall prevent a law enforcement officer from
5		contacting another law enforcement agency for the purposes of
6		clarifying or confirming the civil or criminal nature and
7		status of notifications or other records possible offenses in
8		a record provided by the National Crime Information Center, or
9		detaining someone based on a notification in the Law
10		Enforcement Agencies Data Administrative System unless it is
11		clear that request is based on a non-judicial immigration
12		warrant.
13		(Source: P.A. 100-463, eff. 8-28-17.)
14		(5 ILCS 805/10)
15		Sec. 10. Definitions. In this Act:
16		"Citizenship or immigration status" means all matters
17		regarding citizenship of the United States or any other
18		country or the authority to reside in or otherwise be present
19		in the United States.
20		"Civil immigration warrant" means any document that is not
21		approved or ordered by a judge that can form the basis for an
22		individual's arrest or detention for a civil immigration
23		enforcement purpose. "Civil immigration warrant" includes Form
24		I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to
25		Detain or Release Alien", Form I-205 "Warrant of

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1		Removal/Deportation", Form I-286 "Notice of Custody
2		Determination", any predecessor or successor form, and all
3		warrants, hits, or requests contained in the "Immigration
4		Violator File" of the FBI's National Crime Information Center
5		(NCIC) database. "Civil immigration warrant" does not include
6		any criminal warrant.
7		"Contact information" means home address, work address,
8		telephone number, electronic mail address, social media
9		information, or any other personal identifying information
10		that could be used as a means to contact an individual.
11		"Immigration agent" means an agent of federal Immigration
12		and Customs Enforcement, federal Customs and Border
13		Protection, or any similar or successor agency.
14		"Immigration detainer" means a request to a State or local
15		law enforcement agency to provide notice of release or
16		maintain custody of an individual based on an alleged
17		violation of a civil immigration law, including detainers
18		issued under Sections 1226 or 1357 of Title 8 of the United
19		States Code or 287.7 or 236.1 of Title 8 of the Code of Federal
20		Regulations. "Immigration detainer" includes Form I-247A
21		"Immigration Detainer – Notice of Action" and any predecessor
22		or successor form. a document issued by an immigration agent
23		that is not approved or ordered by a judge and requests a law
24		enforcement agency or law enforcement official to provide
25		notice of release or maintain custody of a person, including a
26		detainer issued under Section 1226 or 1357 of Title 8 of the

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1		United States Code or Section 236.1 or 287.7 of Title 8 of the
2		Code of Federal Regulations.
3		"Law enforcement agency" means an agency of the State or
4		of a unit of local government charged with enforcement of
5		State, county, or municipal laws or with managing custody of
6		detained persons in the State.
7		"Law enforcement official" means any individual with the
8		power to arrest or detain individuals, including law
9		enforcement officers, county corrections officer, and others
10		employed or designated by a law enforcement agency. "Law
11		enforcement official" includes any probation officer.
12		"Non-judicial immigration warrant" means a Form I-200 or
13		I-205 administrative warrant or any other immigration warrant
14		or request that is not approved or ordered by a judge,
15		including administrative warrants entered into the Federal
16		Bureau of Investigation's National Crime Information Center
17		database.
18		(Source: P.A. 100-463, eff. 8-28-17.)
19		(5 ILCS 805/15)
20		Sec. 15. Prohibition on enforcing federal civil
21		immigration laws.
22		(a) A law enforcement agency or law enforcement official
23		shall not detain or continue to detain any individual solely
24		on the basis of any immigration detainer or civil non-judicial
25		immigration warrant or otherwise comply with an immigration

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1		detainer or civil non-judicial immigration warrant.
2		(b) A law enforcement agency or law enforcement official
3		shall not stop, arrest, search, detain, or continue to detain
4		a person solely based on an individual's citizenship or
5		immigration status.
6		(c) (Blank). This Section 15 does not apply if a law
7		enforcement agency or law enforcement official is presented
8		with a valid, enforceable federal warrant. Nothing in this
9		Section 15 prohibits communication between federal agencies or
10		officials and law enforcement agencies or officials.
11		(d) A law enforcement agency or law enforcement official
12		acting in good faith in compliance with this Section who
13		releases a person subject to an immigration detainer or civil
14		non-judicial immigration warrant shall have immunity from any
15		civil or criminal liability that might otherwise occur as a
16		result of making the release, with the exception of willful or
17		wanton misconduct.
18		(e) A law enforcement agency or law enforcement official
19		may not inquire about or investigate the citizenship or
20		immigration status or place of birth of any individual in the
21		agency or official's custody or who has otherwise been stopped
22		or detained by the agency or official. Nothing in this
23		subsection shall be construed to limit the ability of a law
24		enforcement agency or law enforcement official, pursuant to
25		State or federal law, to notify a person in the law enforcement
26		agency's custody about that person's right to communicate with

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1		consular officers from that person's country of nationality,
2		or facilitate such communication, in accordance with the
3		Vienna Convention on Consular Relations or other bilateral
4		agreements. Nothing in this subsection shall be construed to
5		limit the ability of a law enforcement agency or law
6		enforcement official to request evidence of citizenship or
7		immigration status pursuant to the Firearm Owners
8		Identification Card Act, the Firearm Concealed Carry Act,
9		Article 24 of the Criminal Code of 2012, or 18 United States
10		Code Sections 921 through 931.
11		(f) Unless otherwise limited by federal law, a law
12		enforcement agency or law enforcement official may not deny
13		services, benefits, privileges, or opportunities to an
14		individual in custody or under probation status, including,
15		but not limited to, eligibility or placement in a lower
16		custody classification, educational, rehabilitative, or
17		diversionary programs, on the basis of the individual's
18		citizenship or immigration status, the issuance of an
19		immigration detainer or civil immigration warrant against the
20		individual, or the individual being in immigration removal
21		proceedings.
22		(g)(1) No law enforcement agency, law enforcement
23		official, or any unit of State or local government may enter
24		into or renew any contract, intergovernmental service
25		agreement, or any other agreement to house or detain
26		individuals for federal civil immigration violations.

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1		(2) Any law enforcement agency, law enforcement official,
2		or unit of State or local government with an existing
3		contract, intergovernmental agreement, or other agreement,
4		whether in whole or in part, that is utilized to house or
5		detain individuals for civil immigration violations shall
6		exercise the termination provision in the agreement as applied
7		to housing or detaining individuals for civil immigration
8		violations no later than January 1, 2022.
9		(h) Unless presented with a federal criminal warrant, or
10		otherwise required by federal law, a law enforcement agency or
11		official may not:
12		(1) participate, support, or assist in any capacity
13		with an immigration agent's enforcement operations,
14		including any collateral assistance such as coordinating
15		an arrest in a courthouse or other public facility,
16		providing use of any equipment, transporting any
17		individuals, or establishing a security or traffic
18		perimeter surrounding such operations, or any other
19		on-site support;
20		(2) give any immigration agent access, including by
21		telephone, to any individual who is in that agency's
22		custody;
23		(3) transfer any person into an immigration agent's
24		custody;
25		(4) permit immigration agents use of agency facilities
26		or equipment, including any agency electronic databases

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1		not available to the public, for investigative interviews
2		or other investigative or immigration enforcement purpose;
3		(5) enter into or maintain any agreement regarding
4		direct access to any electronic database or other
5		data-sharing platform maintained by any law enforcement
6		agency, or otherwise provide such direct access to the
7		U.S. Immigration and Customs Enforcement, United States
8		Customs and Border Protection or any other federal entity
9		enforcing civil immigration violations;
10		(6) provide information in response to any immigration
11		agent's inquiry or request for information regarding any
12		individual in the agency's custody; or
13		(7) provide to any immigration agent information not
14		otherwise available to the public relating to an
15		individual's release or contact information, or otherwise
16		facilitate for an immigration agent to apprehend or
17		question an individual for immigration enforcement.
18		(i) Nothing in this Section shall preclude a law
19		enforcement official from otherwise executing that official's
20		duties in investigating violations of criminal law and
21		cooperating in such investigations with federal and other law
22		enforcement agencies (including criminal investigations
23		conducted by federal Homeland Security Investigations (HSI))
24		in order to ensure public safety.
25		(Source: P.A. 100-463, eff. 8-28-17.)

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1		(5 ILCS 805/25 new)
2		Sec. 25. Reporting requirements.
3		(a) In order to ensure compliance with this Act, starting
4		on the effective date of this amendatory Act of the 102nd
5		General Assembly, law enforcement agencies shall submit a
6		report annually to the Attorney General. This report shall
7		include:
8		(1) Any requests from the United States Department of
9		Homeland Security, including, but not limited to,
10		Immigration and Customs and Enforcement, with respect to
11		participation, support, or assistance in any immigration
12		agent's civil enforcement operation, and any documentation
13		regarding how the request was addressed, provided that if
14		an agency does not receive any such requests during a
15		reporting period, the agency shall certify and report that
16		it received no such requests;
17		(2) All immigration detainers or civil immigration
18		warrants received by the law enforcement agency, provided
19		that if an agency does not receive any such detainers or
20		warrants during a reporting period, the agency shall
21		certify and report that it received no such detainers or
22		warrants. The reports shall include:
23		(A) the date when the immigration detainer or
24		civil immigration warrant was received;
25		(B) the date and time the individual subject to
26		the immigration detainer or civil immigration warrant

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1		posted criminal bail, if applicable;
2		(C) whether the individual subject to the
3		immigration detainer or civil immigration warrant was
4		released or transferred;
5		(D) the date and time the individual was released
6		or transferred; and
7		(E) if the individual is transferred, to which
8		governmental agency's custody.
9		(b) Law enforcement agencies shall not include names or
10		other personally identifying information in any reports
11		required under this Section.
12		(5 ILCS 805/30 new)
13		Sec. 30. Attorney General enforcement provisions. In order
14		to ensure compliance with this Act:
15		(a) The Attorney General shall have authority to conduct
16		investigations into violations of this Act. The Attorney
17		General may: (1) require a law enforcement agency, law
18		enforcement official, or any other person or entity to file a
19		statement or report in writing under oath or otherwise, as to
20		all information the Attorney General may consider necessary;
21		(2) examine under oath any law enforcement official or any
22		other person alleged to have participated in or with knowledge
23		of the alleged violation; or (3) issue subpoenas, obtain
24		records, conduct hearings, or take any other actions in aid of
25		any investigation. In the event a law enforcement agency, law

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1		enforcement official, or other person or entity fails to
2		comply, in whole or in part, with a subpoena or other
3		investigative request issued pursuant to this paragraph, the
4		Attorney General may compel compliance through an action in
5		the circuit court.
6		(b) Upon his or her own information or upon the complaint
7		of any person, the Attorney General may maintain an action for
8		declaratory, injunctive or any other equitable relief in the
9		circuit court against any law enforcement agency, law
10		enforcement official, or other person or entity who violates
11		any provision of this Act. These remedies are in addition to,
12		and not in substitution for, other available remedies.
13		Section 10. The Voices of Immigrant Communities Empowering
14		Survivors (VOICES) Act is amended by changing Section 10 and
15		by adding Sections 11, 20, 25, and 30 as follows:
16		(5 ILCS 825/10)
17		Sec. 10. Certifications for victims of qualifying criminal
18		activity.
19		(a) The head of each certifying agency shall designate an
20		official or officials in supervisory roles, either within the
21		agency or, by agreement with another agency with concurrent
22		jurisdiction over the geographic area or subject matter
23		covered by that agency, within that other agency. Designated
24		officials may not be members of a collective bargaining unit

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1		represented by a labor organization, unless the official is an
2		attorney or is employed in an agency in which all supervisory
3		officials are members of a collective bargaining unit.
4		Certifying officials shall:
5		(1) respond to requests for completion of
6		certification forms received by the agency, as required by
7		this Section; and
8		(2) make information regarding the agency's procedures
9		for certification requests publicly available for victims
10		of qualifying criminal activity and their representatives.
11		(b) Any person seeking completion of a certification form
12		shall first submit a request for completion of the
13		certification form to the certifying official for any
14		certifying agency that detected, investigated, or prosecuted
15		the criminal activity upon which the request is based.
16		(c) A request for completion of a certification form under
17		this Section may be submitted by a representative of the
18		person seeking the certification form, including, but not
19		limited to, an attorney, accredited representative, or
20		domestic violence or sexual assault services provider.
21		(d) Upon receiving a request for completion of a
22		certification form, a certifying official shall complete the
23		certification form for any victim of qualifying criminal
24		activity. In completing the certification form, there is a
25		rebuttable presumption that a victim is helpful, has been
26		helpful, or is likely to be helpful to the detection or

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1		investigation or prosecution of that qualifying criminal
2		activity, if the victim has not refused or failed to provide
3		information and assistance reasonably requested by law
4		enforcement. The certifying official shall fully complete and
5		sign the certification form and, regarding victim helpfulness,
6		include specific details about the nature of the crime
7		investigated or prosecuted and a detailed description of the
8		victim's helpfulness or likely helpfulness to the detection or
9		investigation or prosecution of the criminal activity. If the
10		certifying official cannot determine that the applicant is a
11		victim of qualifying criminal activity, the certifying
12		official may provide written notice to the person or the
13		person's representative explaining why the available evidence
14		does not support a finding that the person is a victim of
15		qualifying criminal activity. The certifying official shall
16		complete the certification form and provide it to the person
17		within 90 business days of receiving the request, except:
18		(1) if the person making the request for completion of
19		the certification form is in federal immigration removal
20		proceedings or detained, the certifying official shall
21		complete and provide the certification form to the person
22		no later than 21 business days after the request is
23		received by the certifying agency;
24		(2) if the children, parents, or siblings of the
25		person making the request for completion of the
26		certification form would become ineligible for benefits

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1		under Sections 1184(p) and 1184(o) of Title 8 of the
2		United States Code by virtue of the person's children
3		having reached the age of 21 years, the person having
4		reached the age of 21 years, or the person's sibling
5		having reached the age of 18 years within 90 business days
6		from the date that the certifying official receives the
7		certification request, the certifying official shall
8		complete and provide the certification form to the person
9		no later than 21 business days after the request is
10		received by the certifying agency;
11		(3) if the person's children, parents, or siblings
12		under paragraph (2) of this subsection (d) would become
13		ineligible for benefits under Sections 1184(p) and 1184(o)
14		of Title 8 of the United States Code in less than 21
15		business days of receipt of the certification request, the
16		certifying official shall complete and provide a
17		certification form to the person within 5 business days;
18		or
19		(4) a certifying official may extend the time period
20		by which it must complete and provide the certification
21		form to the person as required under this subsection (d)
22		only upon written agreement with the person or person's
23		representative.
24		Requests for expedited completion of a certification form
25		under paragraphs (1), (2), and (3) of this subsection (d)
26		shall be affirmatively raised by the person or that person's

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1		representative in writing to the certifying agency and shall
2		establish that the person is eligible for expedited review.
3		(e) A certifying official who issued an initial
4		certification form shall complete and reissue a certification
5		form within 90 business days of receiving a request from a
6		victim to reissue. If the victim seeking recertification has a
7		deadline to respond to a request for evidence from United
8		States Citizenship and Immigration Services, the certifying
9		official shall complete and issue the form no later than 21
10		business days after the request is received by the certifying
11		official. Requests for expedited recertification shall be
12		affirmatively raised by the victim or victim's representative
13		in writing and shall establish that the victim is eligible for
14		expedited review. A certifying official may extend the
15		deadline by which he or she will complete and reissue the
16		certification form only upon written agreement with the victim
17		or victim's representative.
18		(f) Notwithstanding any other provision of this Section, a
19		certifying official's completion of a certification form shall
20		not be considered sufficient evidence that an applicant for a
21		U or T visa has met all eligibility requirements for that visa
22		and completion of a certification form by a certifying
23		official shall not be construed to guarantee that the victim
24		will receive federal immigration relief. It is the exclusive
25		responsibility of federal immigration officials to determine
26		whether a person is eligible for a U or T visa. Completion of a

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1		certification form by a certifying official merely verifies
2		factual information relevant to the federal immigration
3		benefit sought, including information relevant for federal
4		immigration officials to determine eligibility for a U or T
5		visa. By completing a certification form, the certifying
6		official attests that the information is true and correct to
7		the best of the certifying official's knowledge. No provision
8		in this Act limits the manner in which a certifying officer or
9		certifying agency may describe whether the person has
10		cooperated or been helpful to the agency or provide any
11		additional information the certifying officer or certifying
12		agency believes might be relevant to a federal immigration
13		officer's adjudication of a U or T visa application. If, after
14		completion of a certification form, the certifying official
15		later determines the person was not the victim of qualifying
16		criminal activity or the victim unreasonably refuses to assist
17		in the investigation or prosecution of the qualifying criminal
18		activity of which he or she is a victim, the certifying
19		official may notify United States Citizenship and Immigration
20		Services in writing.
21		(g) A certifying official or agency receiving requests for
22		completion of certification forms shall not disclose the
23		immigration status of a victim or person requesting the
24		certification form, except to comply with federal law or State
25		law, legal process, or if authorized, by the victim or person
26		requesting the certification form.

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1		(Source: P.A. 100-1115, eff. 1-1-19.)
2		(5 ILCS 825/11 new)
3		Sec. 11. Denials.
4		(a) If the certifying official cannot determine that the
5		requester is a victim of a qualifying criminal activity, the
6		certifying official shall provide written notice to the person
7		or the person's representative explaining why the available
8		evidence does not support a finding that the person is a victim
9		of qualifying criminal activity. The certifying official shall
10		submit the notice to the address provided in the request and
11		shall provide contact information should the requester desire
12		to appeal the decision. The certifying agency or certifying
13		official shall accept all appeals and must respond to the
14		appeals within 30 business days.
15		(b) Notwithstanding subsection (a), no requester is
16		required to exhaust an administrative appeal under subsection
17		(a) before filing a mandamus action or seeking other equitable
18		relief in circuit court for a completed certification form
19		required under Section 10.
20		(5 ILCS 825/20 new)
21		Sec. 20. Reporting requirements.
22		(a) In order to ensure compliance with this Act, starting
23		on the effective date of this amendatory Act of the 102nd
24		General Assembly, law enforcement agencies shall submit a

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1		report annually to the Attorney General. This report shall
2		include the following information regarding any requests for
3		completion of a certification form under Section 10 of this
4		Act:
5		(1) the date of receipt of such request; and
6		(2) the date on which the law enforcement agency
7		provided the completed certification form to the requester
8		or provided written notice explaining why the available
9		evidence does not support a finding that the requester is
10		a victim of qualifying criminal activity.
11		If an agency receives no requests for completion of a
12		certification form during a reporting period, the agency shall
13		certify and report that it received no such requests.
14		(b) Law enforcement agencies shall not include names or
15		other personally identifying information in any reports
16		required under this Section.
17		(5 ILCS 825/25 new)
18		Sec. 25. Training. Each certifying agency shall arrange
19		for regular training for officials designated under subsection
20		(a) of Section 10 of this Act regarding all requirements of
21		this Act.
22		(5 ILCS 825/30 new)
23		Sec. 30. Attorney General enforcement provisions. In order
24		to ensure compliance with this Act:

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1		(a) The Attorney General shall have authority to conduct
2		investigations into violations of this Act. The Attorney
3		General may:
4		(1) require a law enforcement agency, law enforcement
5		official, or any other person or entity to file a
6		statement or report in writing under oath or otherwise, as
7		to all information the Attorney General may consider
8		necessary;
9		(2) examine under oath any law enforcement official or
10		any other person alleged to have participated in or with
11		knowledge of the alleged violation; or
12		(3) issue subpoenas, obtain records, conduct hearings,
13		or take any other actions in aid of any investigation. In
14		the event a law enforcement agency, law enforcement
15		official, or other person or entity fails to comply, in
16		whole or in part, with a subpoena or other investigative
17		request issued pursuant to this paragraph, the Attorney
18		General may compel compliance through an action in the
19		circuit court.
20		(b) Upon his or her own information or upon the complaint
21		of any person, the Attorney General may maintain an action for
22		declaratory, injunctive or any other equitable relief in the
23		circuit court against any law enforcement agency, law
24		enforcement official, or other person or entity who violates
25		any provision of this Act. These remedies are in addition to,
26		and not in substitution for, other available remedies.

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1		Section 97. Severability. If any provision of this Act or
2		its application to any person or circumstances is held
3		invalid, the invalidity of that provision or application does
4		not affect other provisions or applications of this Act that
5		can be given effect without the invalid provision or
6		application.