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SB 2733

Illinois SenateIn Senate Committee

Summary

SB 2733, “DAY CARE-IMMIGRATION ENFORCE”, was introduced in the Senate on Oct 28, 2025 by Sen. Omar Aquino (D). It was referred to Assignments, and last saw action on Oct 28, 2025: Referred to Assignments.


Record

Text

SB 2733 has no co-sponsors and has not gone to a roll call.

sb2733/introduced.txt
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Full Text of SB2733
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SB2733 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2733
Introduced 10/28/2025, by Sen. Omar Aquino
SYNOPSIS AS INTRODUCED:
225 ILCS 10/3.8 new
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.
LRB104 16073 AAS 29354 b
A BILL FOR
SB2733 LRB104 16073 AAS 29354 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Child Care Act of 1969 is amended by adding
Section 3.8 as follows:
(225 ILCS 10/3.8 new)
Sec. 3.8. Licensed day care centers; immigration
enforcement.
(a) As used in this Section:
"Civil immigration warrant" means any document that is not
approved or ordered by a judge that can form the basis for an
individual's arrest or detention for a civil immigration
enforcement purpose. "Civil immigration warrant" includes Form
I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to
Detain or Release Alien", Form I-205 "Warrant of
Removal/Deportation", Form I-286 "Notice of Custody
Determination", any predecessor or successor form, and all
warrants, hits, or requests contained in the "Immigration
Violator File" of the FBI's National Crime Information Center
(NCIC) database. "Civil immigration warrant" does not include
any criminal warrant.
"Immigration enforcement action" includes any arrests or
detentions conducted by agents or officers of the United
SB2733 - 2 - LRB104 16073 AAS 29354 b
States Department of Homeland Security, United States
Immigration and Customs Enforcement, or United States Customs
and Border Protection or any other individual or entity with
the power to arrest or detain individuals or manage custody of
detained individuals for the purposes of civil immigration
enforcement.
"Law enforcement agent" means an agent of federal, State,
or local law enforcement authorized with the power to arrest
or detain individuals or manage the custody of detained
individuals for a law enforcement purpose, including civil
immigration enforcement.
(b) 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.
(c) 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. The day care center director
or the day care center director's designee shall request to
review the judicial warrant or order or subpoena to ensure its
validity before allowing entry. A licensed day care center
shall not consent to entry to its premises by a law enforcement
agent who provides no supporting documentation for entry or
SB2733 - 3 - LRB104 16073 AAS 29354 b
presents only a civil immigration warrant. This subsection
does not prohibit licensed day care centers from consenting to
a law enforcement agent's entry to its premises for the
purposes of hotline emergency calls or incidents arising out
of mandated reporting.
(d) This Section does not affect a licensed day care
center's obligation as a mandated reporter or to otherwise
respond to instances of suspected crime on the premises.
(e) The Department of Children and Family Services or the
Department of Early Childhood, as is applicable, shall make
available on its website resources for families, including,
but not limited to, resources regarding the constitutional
rights of families, family preparedness plans, and a copy of
the Department of Children and Family Services' appointment of
short-term guardian form (Form CFS 444-2 or its predecessor or
successor form).
(f) 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.
(g) A licensed day care center shall adopt policies by
January 1, 2026 to comply with this Section and shall ensure
that all staff members are trained on the adopted policies.
SB2733 - 4 - LRB104 16073 AAS 29354 b
The policies shall require the following:
(1) procedures for notifying and seeking written
consent from a child's parents or guardian if a law
enforcement agent requests access to personally
identifiable information from the child's records, unless
such access is in compliance with a judicial warrant or
order or a subpoena that restricts the disclosure of the
information to the child's parents or guardian;
(2) families enrolled at the licensed day care center
to update their emergency contact list biannually; and
(3) notification to be given, within a reasonable time
period, to parents or guardians and the Department if
immigration enforcement action occurs at the licensed day
care center or its environs.
A licensed day care center's late pick-up policy shall be
updated to include the degree of diligence the licensed day
care center will use to reach a child's emergency contacts,
including the number of attempted phone calls to parents and
emergency contacts and any requests for police assistance in
finding a child's emergency contact.
(h) Failure to comply with subsection (b) of this Section
shall result in a formal licensing violation. Failure to
comply with any other provision of this Section may result in a
licensing violation.
Section 99. Effective date. This Act takes effect upon
becoming law.

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.

Sponsors

Sen. Omar Aquino (D) sponsors SB 2733 alone.

Committees

SB 2733 went before 1 committee: Assignments.

Assignments
Assignments
Referred to · Oct 28, 2025

History

SB 2733 has taken 3 actions since Oct 28, 2025.

ChamberAction
Oct 28, 2025
Senate
Filed with Secretary by Sen. Omar Aquino
Oct 28, 2025
Senate
First Reading
Oct 28, 2025
Senate
Referred to Assignments

Votes

SB 2733 has not gone to a roll call.


Source: ilga.gov · legiscan.com