Sen. Omar Aquino
Filed: 4/22/2021
 
 


 




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1
AMENDMENT TO SENATE BILL 667




2 AMENDMENT NO. ______. Amend Senate Bill 667 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Short title. This Act may be cited as the 
5Illinois Way Forward Act.

6 Section 5. The Illinois TRUST Act is amended by changing 
7Sections 5, 10, and 15 and by adding Sections 25 and 30 as 
8follows:

9 (5 ILCS 805/5)

10 Sec. 5. Legislative purpose.  Recognizing that State law 
11does not currently grant State or local law enforcement the 
12authority to enforce federal civil immigration laws, it is the 
13intent of the General Assembly that nothing in this Act shall 
14be construed to authorize any law enforcement agency or law 
15enforcement official to enforce federal civil immigration law. 
 
 
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1This Act shall not be construed to prohibit or restrict any 
2entity from sending to, or receiving from, the United States 
3Department of Homeland Security or other federal, State, or 
4local government entity information regarding the citizenship 
5or immigration status of any individual under Sections 1373 
6and 1644 of Title 8 of the United States Code. Further, nothing 
7in this Act shall prevent a law enforcement officer from 
8contacting another law enforcement agency for the purposes of 
9clarifying or confirming the nature and status of possible 
10offenses in a record provided by the National Crime 
11Information Center, or detaining someone based on a 
12notification in the Law Enforcement Agencies Data 
13Administrative System unless it is a clear that request is 
14based on a civil non-judicial immigration warrant or 
15immigration detainer.

16(Source: P.A. 100-463, eff. 8-28-17.)

17 (5 ILCS 805/10)

18 Sec. 10. Definitions. In this Act: 
19 "Citizenship or immigration status" means all matters 
20regarding questions of citizenship of the United States or any 
21other country or the authority to reside in or otherwise be 
22present in the United States. 
23 "Civil immigration warrant" means an immigration warrant 
24of arrest, order to detain or release aliens, notice of 
25custody determination, notice to appear, removal order, 
 
 
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1warrant of removal, or any other document, that can form the 
2basis for an individual's arrest or detention for a civil 
3immigration enforcement purpose. A civil immigration warrant 
4includes but is not limited to Form I-200 (Warrant for Arrest 
5of Alien), Form I-203 (Order to Detain or Release Alien), Form 
6I-205 (Warrant of Removal/Deportation), any predecessor or 
7successor form, and all warrants, hits, or requests contained 
8in the Immigration Violator File of the Federal Bureau of 
9Investigation's National Crime Information Center (NCIC) 
10database. This definition does not include any criminal 
11warrant issued upon a judicial determination of probable cause 
12and in compliance with the requirements of the Fourth 
13Amendment to the United States Constitution and Section 6 of 
14Article I of the Illinois Constitution.
15 "Contact information" means home address, work address, 
16telephone number, electronic mail address, social media 
17information, or any other personal identifying information 
18that could be used as a means to contact an individual.
19 "Immigration agent" means an agent of federal Immigration 
20and Customs Enforcement, federal Customs and Border 
21Protection, or any successor, or any other agent enforcing 
22civil immigration laws.
23 "Immigration detainer" means a request to a state or local 
24law enforcement agency to provide notice of release or 
25maintain custody of an individual based on an alleged 
26violation of a civil immigration law, including detainers 
 
 
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1issued pursuant to Sections 1226 or 1357 of Title 8 of the 
2United States Code or 8 CFR 236.1 or 287.7. An immigration 
3detainer includes, but is not limited to, Form I-247A 
4(Immigration Detainer – Notice of Action) and any predecessor 
5or successor form. a document issued by an immigration agent 
6that is not approved or ordered by a judge and requests a law 
7enforcement agency or law enforcement official to provide 
8notice of release or maintain custody of a person, including a 
9detainer issued under Section 1226 or 1357 of Title 8 of the 
10United States Code or Section 236.1 or 287.7 of Title 8 of the 
11Code of Federal Regulations.
12 "Law enforcement agency" means an agency of the State or 
13of a unit of local government charged with enforcement of 
14State, county, or municipal laws or with managing custody of 
15detained persons in the State, including, but not limited to, 
16municipal police departments, sheriff's departments, campus 
17police departments, the Illinois State Police, the Department 
18of Corrections, and the Department of Juvenile Justice.
19 "Law enforcement official" means any officer or other 
20agent of a State or local law
enforcement agency authorized to 
21enforce criminal laws, rules, regulations, or local ordinances 
22or operate jails, correctional facilities, or juvenile 
23detention facilities or to maintain custody of individuals in 
24jails, correctional facilities, or juvenile detention 
25facilities. Law enforcement official shall also include any 
26probation officer or any school resource officer or other 
 
 
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1police assigned to any public school, including any public 
2pre-school and other early learning program, public elementary 
3and secondary school, or public institution of higher 
4education. individual with the power to arrest or detain 
5individuals, including law enforcement officers, county 
6corrections officer, and others employed or designated by a 
7law enforcement agency.
8 "Non-judicial immigration warrant" means a Form I-200 or 
9I-205 administrative warrant or any other immigration warrant 
10or request that is not approved or ordered by a judge, 
11including administrative warrants entered into the Federal 
12Bureau of Investigation's National Crime Information Center 
13database.

14(Source: P.A. 100-463, eff. 8-28-17.)

15 (5 ILCS 805/15)

16 Sec. 15. Prohibition on enforcing federal civil 
17immigration laws. 

18 (a) A law enforcement agency or law enforcement official 
19shall not detain or continue to detain any individual solely 
20on the basis of any immigration detainer or civil non-judicial 
21immigration warrant or otherwise comply with an immigration 
22detainer or civil non-judicial immigration warrant.
23 (b) A law enforcement agency or law enforcement official 
24shall not stop, arrest, search, detain, or continue to detain 
25a person solely based on an individual's citizenship or 
 
 
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1immigration status.
2 (c) (Blank). This Section 15 does not apply if a law 
3enforcement agency or law enforcement official is presented 
4with a valid, enforceable federal warrant. Nothing in this 
5Section 15 prohibits communication between federal agencies or 
6officials and law enforcement agencies or officials.
7 (d) A law enforcement agency or law enforcement official 
8acting in good faith in compliance with this Section who 
9releases a person subject to an immigration detainer or civil 
10non-judicial immigration warrant shall have immunity from any 
11civil or criminal liability that might otherwise occur as a 
12result of making the release, with the exception of willful or 
13wanton misconduct.

14 (e) A law enforcement agency or law enforcement official 
15may not inquire about or investigate the citizenship or 
16immigration status or place of birth of any individual in the 
17agency or official's custody or who has otherwise been stopped 
18or detained by the agency or official. Nothing in this 
19subsection shall be construed to limit the ability of a law 
20enforcement agency or law enforcement official, pursuant to 
21state or federal law, to notify a person in the law enforcement 
22agency's custody about that person's right to communicate with 
23consular officers from that person's country of nationality, 
24or facilitate such communication, in accordance with the 
25Vienna Convention on Consular Relations or other bilateral 
26agreements. Nothing in this subsection shall be construed to 
 
 
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1limit the ability of a law enforcement agency or law 
2enforcement official to request evidence of citizenship or 
3immigration status pursuant to the Firearm Owners 
4Identification Card Act, the Firearm Concealed Carry Act, 
5Article 24 of the Criminal Code of 2012, or 18 United States 
6Code Sections 921 through 931.
7 (f) Unless otherwise limited by federal law, a law 
8enforcement agency or law enforcement official may not deny 
9services, benefits, privileges, or opportunities to an 
10individual in custody or under probation status, including but 
11not limited to eligibility or placement in a lower custody 
12classification, educational, rehabilitative, or diversionary 
13programs, on the basis of the individual's citizenship or 
14immigration status, the issuance of an immigration detainer or 
15civil immigration warrant against the individual, or the 
16individual being in immigration removal proceedings.
17 (g)(1) No law enforcement agency, law enforcement 
18official, or any unit of State or local government may enter 
19into or renew any contract, intergovernmental service 
20agreement, or any other agreement to house or detain 
21individuals for federal civil immigration violations.
22 (2) Any law enforcement agency, law enforcement official, 
23or unit of State or local government with an existing 
24contract, intergovernmental agreement, or other agreement, 
25whether in whole or in part, that is utilized to house or 
26detain individuals for civil immigration violations shall 
 
 
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1exercise the termination provision in the agreement as applied 
2to housing or detaining individuals for civil immigration 
3violations no later than January 1, 2022.
4 (h) Unless presented with a federal criminal warrant, or 
5otherwise required by federal law, a law enforcement agency or 
6official may not:
7  (1) participate, support, or assist in any capacity 
8 with an immigration agent's enforcement
operations, 
9 including any collateral assistance such as coordinating 
10 an arrest in a courthouse or other public facility, 
11 providing use of any equipment, transporting any 
12 individuals, or establishing a security or traffic 
13 perimeter surrounding such operations, or any other 
14 on-site support;
15  (2) give any immigration agent access, including by 
16 telephone, to any individual who is in that agency's 
17 custody;
18  (3) transfer any person into an immigration agent's 
19 custody;
20  (4) permit immigration agents use of agency facilities 
21 or equipment, including any agency electronic databases 
22 not available to the public, for investigative interviews 
23 or other investigative or immigration enforcement purpose;
24  (5) enter into or maintain any agreement regarding 
25 direct access to any electronic database or other 
26 data-sharing platform maintained by any law enforcement 
 
 
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1 agency, or otherwise provide such direct access to the 
2 U.S. Immigration and Customs Enforcement, United States 
3 Customs and Border Protection or any other federal entity 
4 enforcing civil immigration violations;
5  (6) provide information in response to any immigration 
6 agent's inquiry or request for information regarding any 
7 individual in the agency's custody; or
8  (7) provide to any immigration agent information not 
9 otherwise available to the public relating to an 
10 individual's release or contact information, or otherwise 
11 facilitate for an immigration agent to apprehend or 
12 question an individual for immigration enforcement.
13 (i) Nothing in this Section shall preclude a law 
14enforcement official from otherwise executing that official's 
15duties in investigating violations of criminal law and 
16cooperating in such investigations with federal and other law 
17enforcement agencies (including criminal investigations 
18conducted by federal Homeland Security Investigations (HSI)) 
19in order to ensure public safety. 
20(Source: P.A. 100-463, eff. 8-28-17.)

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

7 (5 ILCS 805/30 new)
8 Sec. 30. Attorney General enforcement provisions. In order 
9to ensure compliance with this Act:
10 (a) The Attorney General shall have authority to conduct 
11investigations into violations of this Act. The Attorney 
12General may: (1) require a law enforcement agency, law 
13enforcement official, or any other person or entity to file a 
14statement or report in writing under oath or otherwise, as to 
15all information the Attorney General may consider necessary; 
16(2) examine under oath any law enforcement official or any 
17other person alleged to have participated in or with knowledge 
18of the alleged violation; or (3) issue subpoenas, obtain 
19records, conduct hearings, or take any other actions in aid of 
20any investigation. In the event a law enforcement agency, law 
21enforcement official, or other person or entity fails to 
22comply, in whole or in part, with a subpoena or other 
23investigative request issued pursuant to this paragraph, the 
24Attorney General may compel compliance through an action in 
25the circuit court.
 
 
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1 (b) Upon his or her own information or upon the complaint 
2of any person, the Attorney General may maintain an action for 
3declaratory, injunctive or any other equitable relief in the 
4circuit court against any law enforcement agency, law 
5enforcement official, or other person or entity who violates 
6any provision of this Act. These remedies are in addition to, 
7and not in substitution for, other available remedies.

8 Section 10. The Voices of Immigrant Communities Empowering 
9Survivors (VOICES) Act is amended by changing Section 10 and 
10by adding Sections 11, 20, 25, and 30 as follows:

11 (5 ILCS 825/10)

12 Sec. 10. Certifications for victims of qualifying criminal 
13activity. 
14 (a) The head of each certifying agency shall designate an 
15official or officials in supervisory roles, either within the 
16agency or, by agreement with another agency with concurrent 
17jurisdiction over the geographic area or subject matter 
18covered by that agency, within that other agency. Designated 
19officials may not be members of a collective bargaining unit 
20represented by a labor organization, unless the official is an 
21attorney or is employed in an agency in which all supervisory 
22officials are members of a collective bargaining unit. 
23Certifying officials shall:
24  (1) respond to requests for completion of 
 
 
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1 certification forms received by the agency, as required by 
2 this Section; and
3  (2) make information regarding the agency's procedures 
4 for certification requests publicly available for victims 
5 of qualifying criminal activity and their representatives.
6 (b) Any person seeking completion of a certification form 
7shall first submit a request for completion of the 
8certification form to the certifying official for any 
9certifying agency that detected, investigated, or prosecuted 
10the criminal activity upon which the request is based.
11 (c) A request for completion of a certification form under 
12this Section may be submitted by a representative of the 
13person seeking the certification form, including, but not 
14limited to, an attorney, accredited representative, or 
15domestic violence or sexual assault services provider.
16 (d) Upon receiving a request for completion of a 
17certification form, a certifying official shall complete the 
18certification form for any victim of qualifying criminal 
19activity. In completing the certification form, there is a 
20rebuttable presumption that a victim is helpful, has been 
21helpful, or is likely to be helpful to the detection or 
22investigation or prosecution of that qualifying criminal 
23activity, if the victim has not refused or failed to provide 
24information and assistance reasonably requested by law 
25enforcement. The certifying official shall fully complete and 
26sign the certification form and, regarding victim helpfulness, 
 
 
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1include specific details about the nature of the crime 
2investigated or prosecuted and a detailed description of the 
3victim's helpfulness or likely helpfulness to the detection or 
4investigation or prosecution of the criminal activity. If the 
5certifying official cannot determine that the applicant is a 
6victim of qualifying criminal activity, the certifying 
7official may provide written notice to the person or the 
8person's representative explaining why the available evidence 
9does not support a finding that the person is a victim of 
10qualifying criminal activity. The certifying official shall 
11complete the certification form and provide it to the person 
12within 90 business days of receiving the request, except:
13  (1) if the person making the request for completion of 
14 the certification form is in federal immigration removal 
15 proceedings or detained, the certifying official shall 
16 complete and provide the certification form to the person 
17 no later than 21 business days after the request is 
18 received by the certifying agency; 
19  (2) if the children, parents, or siblings of the 
20 person making the request for completion of the 
21 certification form would become ineligible for benefits 
22 under Sections 1184(p) and 1184(o) of Title 8 of the 
23 United States Code by virtue of the person's children 
24 having reached the age of 21 years, the person having 
25 reached the age of 21 years, or the person's sibling 
26 having reached the age of 18 years within 90 business days 
 
 
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1 from the date that the certifying official receives the 
2 certification request, the certifying official shall 
3 complete and provide the certification form to the person 
4 no later than 21 business days after the request is 
5 received by the certifying agency;
6  (3) if the person's children, parents, or siblings 
7 under paragraph (2) of this subsection (d) would become 
8 ineligible for benefits under Sections 1184(p) and 1184(o) 
9 of Title 8 of the United States Code in less than 21 
10 business days of receipt of the certification request, the 
11 certifying official shall complete and provide a 
12 certification form to the person within 5 business days; 
13 or
14  (4) a certifying official may extend the time period 
15 by which it must complete and provide the certification 
16 form to the person as required under this subsection (d) 
17 only upon written agreement with the person or person's 
18 representative. 
19 Requests for expedited completion of a certification form 
20under paragraphs (1), (2), and (3) of this subsection (d) 
21shall be affirmatively raised by the person or that person's 
22representative in writing to the certifying agency and shall 
23establish that the person is eligible for expedited review.
24 (e) A certifying official who issued an initial 
25certification form shall complete and reissue a certification 
26form within 90 business days of receiving a request from a 
 
 
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1victim to reissue. If the victim seeking recertification has a 
2deadline to respond to a request for evidence from United 
3States Citizenship and Immigration Services, the certifying 
4official shall complete and issue the form no later than 21 
5business days after the request is received by the certifying 
6official. Requests for expedited recertification shall be 
7affirmatively raised by the victim or victim's representative 
8in writing and shall establish that the victim is eligible for 
9expedited review. A certifying official may extend the 
10deadline by which he or she will complete and reissue the 
11certification form only upon written agreement with the victim 
12or victim's representative.
13 (f) Notwithstanding any other provision of this Section, a 
14certifying official's completion of a certification form shall 
15not be considered sufficient evidence that an applicant for a 
16U or T visa has met all eligibility requirements for that visa 
17and completion of a certification form by a certifying 
18official shall not be construed to guarantee that the victim 
19will receive federal immigration relief. It is the exclusive 
20responsibility of federal immigration officials to determine 
21whether a person is eligible for a U or T visa. Completion of a 
22certification form by a certifying official merely verifies 
23factual information relevant to the federal immigration 
24benefit sought, including information relevant for federal 
25immigration officials to determine eligibility for a U or T 
26visa. By completing a certification form, the certifying 
 
 
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1official attests that the information is true and correct to 
2the best of the certifying official's knowledge. No provision 
3in this Act limits the manner in which a certifying officer or 
4certifying agency may describe whether the person has 
5cooperated or been helpful to the agency or provide any 
6additional information the certifying officer or certifying 
7agency believes might be relevant to a federal immigration 
8officer's adjudication of a U or T visa application. If, after 
9completion of a certification form, the certifying official 
10later determines the person was not the victim of qualifying 
11criminal activity or the victim unreasonably refuses to assist 
12in the investigation or prosecution of the qualifying criminal 
13activity of which he or she is a victim, the certifying 
14official may notify United States Citizenship and Immigration 
15Services in writing.
16 (g) A certifying official or agency receiving requests for 
17completion of certification forms shall not disclose the 
18immigration status of a victim or person requesting the 
19certification form, except to comply with federal law or State 
20law, legal process, or if authorized, by the victim or person 
21requesting the certification form.

22(Source: P.A. 100-1115, eff. 1-1-19.)

23 (5 ILCS 825/11 new)
24 Sec. 11. Denials.
25 (a) If the certifying official cannot determine that the 
 
 
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1requester is a victim of a qualifying criminal activity, the 
2certifying official shall provide written notice to the person 
3or the person's representative explaining why the available 
4evidence does not support a finding that the person is a victim 
5of qualifying criminal activity. The certifying official shall 
6submit the notice to the address provided in the request and 
7shall provide contact information should the requester desire 
8to appeal the decision. The certifying agency or certifying 
9official shall accept all appeals and must respond to the 
10appeals within 30 business days.
11 (b) Notwithstanding subsection (a), no requester is 
12required to exhaust an administrative appeal under subsection 
13(a) before filing a mandamus action or seeking other equitable 
14relief in circuit court for a completed certification form 
15required under Section 10. 

16 (5 ILCS 825/20 new)
17 Sec. 20. Reporting requirements.
18 (a) In order to ensure compliance with this Act, starting 
19on the effective date of this amendatory Act of the 102nd 
20General Assembly, law enforcement agencies shall submit a 
21report annually to the Attorney General. This report shall 
22include the following information regarding any requests for 
23completion of a certification form under Section 10 of this 
24Act:
25  (1) the date of receipt of such request; and
 
 
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1  (2) the date on which the law enforcement agency 
2 provided the completed certification form to the requester 
3 or provided written notice explaining why the available 
4 evidence does not support a finding that the requester is 
5 a victim of qualifying criminal activity.
6 If an agency receives no requests for completion of a 
7certification form during a reporting period, the agency shall 
8certify and report that it received no such requests.
9 (b) Law enforcement agencies shall not include names or 
10other personally identifying information in any reports 
11required under this Section. 

12 (5 ILCS 825/25 new)
13 Sec. 25. Training. Each certifying agency shall arrange 
14for regular training for officials designated under subsection 
15(a) of Section 10 of this Act regarding all requirements of 
16this Act.

17 (5 ILCS 825/30 new)
18 Sec. 30. Attorney General enforcement provisions. In order 
19to ensure compliance with this Act:
20 (a) The Attorney General shall have authority to conduct 
21investigations into violations of this Act. The Attorney 
22General may:
23  (1) require a law enforcement agency, law enforcement 
24 official, or any other person or entity to file a 
 
 
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1 statement or report in writing under oath or otherwise, as 
2 to all information the Attorney General may consider 
3 necessary;
4  (2) examine under oath any law enforcement official or 
5 any other person alleged to have participated in or with 
6 knowledge of the alleged violation; or
7  (3) issue subpoenas, obtain records, conduct hearings, 
8 or take any other actions in aid of any investigation. In 
9 the event a law enforcement agency, law enforcement 
10 official, or other person or entity fails to comply, in 
11 whole or in part, with a subpoena or other investigative 
12 request issued pursuant to this paragraph, the Attorney 
13 General may compel compliance through an action in the 
14 circuit court.
15 (b) Upon his or her own information or upon the complaint 
16of any person, the Attorney General may maintain an action for 
17declaratory, injunctive or any other equitable relief in the 
18circuit court against any law enforcement agency, law 
19enforcement official, or other person or entity who violates 
20any provision of this Act. These remedies are in addition to, 
21and not in substitution for, other available remedies.


22 Section 97. Severability. If any provision of this Act or 
23its application to any person or circumstances is held 
24invalid, the invalidity of that provision or application does 
25not affect other provisions or applications of this Act that 
 
 
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1can be given effect without the invalid provision or 
2application.

3 Section 99. Effective date. This Act takes effect upon 
4becoming law.".