SB 3115

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Full Text of SB3115
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	SB3115 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3115
Introduced 2/2/2026, by Sen. Andrew S. Chesney
SYNOPSIS AS INTRODUCED:
See Index
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 various other Acts. Repeals provisions in the Illinois Public Aid Code and the Illinois Administrative Procedure Act relating to medical services for certain noncitizens. Amends the Department of Human Services Act. Creates the Asylum Travel Expense Program in the Department of Human Services to provide noncitizens seeking asylum who are residing in Illinois transportation and travel expenses for travel to another state that prohibits law enforcement or other governmental agencies from assisting the United States Immigration and Customs Enforcement or other federal government agency with immigration enforcement or to the country of origin of the noncitizen seeking asylum. Requires the method of transportation selected by the Department to be by the cheapest means to transport the noncitizen seeking asylum to the noncitizen's desired destination. Provides for the transfer of $10,000,000 from the General Revenue Fund into the Asylum Travel Expenses Fund to fund the Program. Amends the State Finance Act to create the Fund. Effective immediately.
LRB104 18867 RLC 32312 b
A BILL FOR
		SB3115		LRB104 18867 RLC 32312 b
1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Immigration Enforcement Act.
6    Section 5. Definitions. As used in this Act:
7    "Immigration detainer is facially sufficient" means: (i)
8the federal immigration agency's official form is incomplete
9and fails to indicate on its face that the federal immigration
10official has probable cause to believe that the person to be
11detained is a removable alien under federal immigration law
12but is supported by an affidavit, order, or other official
13documentation that indicates that the federal immigration
14agency has probable cause to believe that the person to be
15detained is a removable alien under federal immigration law
16and the federal immigration agency supplies with its detention
17request a Form I-200 Warrant for Arrest of Alien, a Form I-205
18Warrant of Removal/Deportation, a successor warrant, or other
19warrant authorized by federal law; or (ii) the federal
20immigration agency's official form is complete and indicates
21on its face that the federal immigration official has probable
22cause to believe that the person to be detained is a removable
23alien under federal immigration law.
		SB3115	- 2 -	LRB104 18867 RLC 32312 b
1    "Law enforcement agency" means any entity with statutory
2police powers and the ability to employ individuals authorized
3to make arrests, including local and State agencies.
4    "Local entity" means a unit of local government, a school
5district, or a community college district.
6    "State entity" means the State of Illinois and all of its
7agencies, State universities and colleges, and all corporate
8outgrowths of the State.
9    Section 10. Prohibited policies regarding immigration
10enforcement. A State entity, local entity, or law enforcement
11agency may not adopt or maintain a law, ordinance, resolution,
12rule, regulation, policy, directive, order, practice, or
13procedure, formal or informal, written or unwritten, that
14prohibits or materially restricts the State entity, local
15entity, or law enforcement agency from complying with or
16assisting in the enforcement of immigration laws. This
17includes prohibitions or restrictions on:
18        (1) inquiries into the immigration status of any
19    person;
20        (2) transmitting, requesting, or receiving information
21    relating to immigration status, lawful or unlawful, of any
22    person to or from any federal immigration enforcement
23    agency;
24        (3) maintaining, archiving, or otherwise storing for
25    subsequent use information relating to an individual's
		SB3115	- 3 -	LRB104 18867 RLC 32312 b
1    immigration status;
2        (4) exchanging information relating to immigration
3    status with another law enforcement agency, local entity,
4    State entity, or a federal immigration agency;
5        (5) complying with an immigration detainer, including,
6    but not limited to, refusing to cooperate or comply with a
7    lawfully issued detainer in the absence of a warrant or
8    other order directing compliance with or enforcement of
9    such a detainer;
10        (6) complying with a request from a federal
11    immigration agency to notify the agency before the release
12    of an inmate;
13        (7) providing a federal immigration agency with an
14    inmate's incarceration status or release date;
15        (8) assisting or cooperating with a federal
16    immigration agency, including by providing enforcement
17    assistance;
18        (9) participating in any program or agreement
19    authorized under Section 287 of the federal Immigration
20    and Nationality Act (8 U.S.C. 1357); or
21        (10) permitting a federal immigration officer to enter
22    and conduct enforcement activities at a municipal jail,
23    county jail, or Division of Corrections or rehabilitation
24    facility involving or related to the enforcement of
25    federal immigration laws.
		SB3115	- 4 -	LRB104 18867 RLC 32312 b
1    Section 15. Mandatory duties of law enforcement agencies
2regarding immigration detainers.
3    (a) A law enforcement agency that takes initial custody of
4a person subject to an immigration detainer shall:
5        (1) provide notice to the court authorized to grant or
6    deny the person's release on bail or bond that the person
7    is subject to an immigration detainer;
8        (2) record in the person's case file that the person
9    is subject to an immigration detainer; and
10        (3) upon determining that the immigration detainer is
11    facially sufficient, comply with the requests made in the
12    immigration detainer to the extent required by law.
13    (b) A law enforcement agency is not required to perform a
14duty imposed by subsection (a) with respect to a person who has
15been transferred to the custody of the agency by another law
16enforcement agency subject to the requirements of this
17Section.
18    (c) A court of competent jurisdiction that receives notice
19that a person is subject to an immigration detainer shall
20record this information in the court record, regardless of
21whether the notice is received before or after a judgment in
22the case.
23    Section 20. Mandatory agreements for housing persons
24subject to immigration detainers.
25    (a) Each county jail, municipal jail, and the Department
		SB3115	- 5 -	LRB104 18867 RLC 32312 b
1of Corrections shall enter into an agreement with a federal
2immigration agency for temporarily housing persons who are the
3subject of immigration detainers and for the payment of the
4costs of housing and detaining those persons.
5    (b) An agreement under this Section must include a
6contract with a federal immigration agency for housing or
7detaining persons subject to immigration detainers, such as
8basic ordering agreements, intergovernmental service
9agreements, agreements authorized by Section 287 of the
10federal Immigration and Nationality Act (8 U.S.C. 1357),
11successor agreements, or other similar agreements authorized
12by federal law.
13    Section 25. Implementation; discrimination prohibited.
14    (a) This Act shall be implemented in a manner consistent
15with federal laws and regulations governing immigration,
16protecting the civil rights of all persons, and respecting the
17privileges and immunities of United States citizens.
18    (b) A State entity, local entity, or law enforcement
19agency and a person employed by or otherwise under the
20direction or control of a State entity, local entity, or law
21enforcement agency may not base the entity's, agency's, or
22person's actions under this Act on the gender, race, color,
23religion, language, national origin, or physical disability of
24a person except to the extent authorized by the United States
25Constitution, the constitution and laws of this State, or
		SB3115	- 6 -	LRB104 18867 RLC 32312 b
1other applicable federal law.
2    Section 30. Home rule. The regulation of immigration
3enforcement is an exclusive power and function of the State. A
4home rule unit may not regulate immigration enforcement. This
5Act is a denial and limitation of home rule powers and
6functions under subsection (h) of Section 6 of Article VII of
7the Illinois Constitution.
8    (5 ILCS 100/5-45.37 rep.)
9    Section 100. The Illinois Administrative Procedure Act is
10amended by repealing Section 5-45.37.
11    (5 ILCS 805/Act rep.)
12    Section 105. The Illinois TRUST Act is repealed.
13    Section 110. The Illinois Identification Card Act is
14amended by changing Section 11 as follows:
15    (15 ILCS 335/11)  (from Ch. 124, par. 31)
16    Sec. 11. Records.
17    (a) The Secretary may make a search of his records and
18furnish information as to whether a person has a current
19Standard Illinois Identification Card or an Illinois Person
20with a Disability Identification Card then on file, upon
21receipt of a written application therefor accompanied with the
		SB3115	- 7 -	LRB104 18867 RLC 32312 b
1prescribed fee. However, the Secretary may not disclose
2medical information concerning an individual to any person,
3public agency, private agency, corporation or governmental
4body unless the individual has submitted a written request for
5the information or unless the individual has given prior
6written consent for the release of the information to a
7specific person or entity. This exception shall not apply to:
8(1) offices and employees of the Secretary who have a need to
9know the medical information in performance of their official
10duties, or (2) orders of a court of competent jurisdiction.
11When medical information is disclosed by the Secretary in
12accordance with the provisions of this Section, no liability
13shall rest with the Office of the Secretary of State as the
14information is released for informational purposes only.
15    (b) Except as otherwise provided in this Section, the
16Secretary may release personally identifying information only
17to:
18        (1) officers and employees of the Secretary who have a
19    need to know that information for issuance of driver's
20    licenses, permits, or identification cards and
21    investigation of fraud or misconduct;
22        (2) other governmental agencies for use in their
23    official governmental functions;
24        (3) law enforcement agencies for a criminal or civil
25    investigation, except as restricted by subsections (g) and
26    (h);
		SB3115	- 8 -	LRB104 18867 RLC 32312 b
1        (3-5) the State Board of Elections as may be required
2    by an agreement the State Board of Elections has entered
3    into with a multi-state voter registration list
4    maintenance system; or
5        (4) any entity that the Secretary has authorized, by
6    rule.
7    (c) Except as otherwise provided in this Section, the
8Secretary may release highly restricted personal information
9only to:
10        (1) officers and employees of the Secretary who have a
11    need to access the information for the issuance of
12    driver's licenses, permits, or identification cards and
13    investigation of fraud or misconduct;
14        (2) law enforcement officials for a criminal or civil
15    law enforcement investigation, except as restricted by
16    subsections (g) and (h);
17        (3) the State Board of Elections for the purpose of
18    providing the signature for completion of voter
19    registration; or
20        (4) any other entity the Secretary has authorized by
21    rule.
22    (d) Documents required to be submitted with an application
23for an identification card to prove the applicant's identity
24(name and date of birth), social security number or lack of a
25social security number, written signature, residency, and, as
26applicable, citizenship and immigration status and country of
		SB3115	- 9 -	LRB104 18867 RLC 32312 b
1citizenship shall be confidential and shall not be disclosed
2except to the following persons:
3        (1) the individual to whom the identification card was
4    issued, upon written request;
5        (2) officers and employees of the Secretary of State
6    who have a need to have access to the stored images for
7    purposes of issuing and controlling driver's licenses,
8    permits, or identification cards and investigation of
9    fraud or misconduct;
10        (3) law enforcement officials for a civil or criminal
11    law enforcement investigation, except as restricted by
12    subsections (g) and (h);
13        (4) other entities that the Secretary may authorize by
14    rule.
15    (e) The Secretary may not disclose an individual's social
16security number or any associated information obtained from
17the Social Security Administration without the written request
18or consent of the individual except: (i) to officers and
19employees of the Secretary who have a need to know the social
20security number in the performance of their official duties;
21(ii) except as restricted by subsections (g) and (h) to law
22enforcement officials for a civil or criminal law enforcement
23investigation if an officer of the law enforcement agency has
24made a written request to the Secretary specifying the law
25enforcement investigation for which the social security number
26is being sought; (iii) under a lawful court order signed by a
		SB3115	- 10 -	LRB104 18867 RLC 32312 b
1judge; (iv) to the Illinois Department of Veterans Affairs for
2the purpose of confirming veteran status to agencies in other
3states responsible for the issuance of state identification
4cards for participation in State-to-State verification
5service; or (v) the last 4 digits to the Illinois State Board
6of Elections for purposes of voter registration and as may be
7required pursuant to an agreement for a multi-state voter
8registration list maintenance system. The Secretary retains
9the right to require additional verification regarding the
10validity of a request from law enforcement. If social security
11information is disclosed by the Secretary in accordance with
12this Section, no liability shall rest with the Office of the
13Secretary of State or any of its officers or employees, as the
14information is released for official purposes only.
15    (f) The Secretary of State shall not provide facial
16recognition search services or photographs obtained in the
17process of issuing an identification card to any federal,
18State, or local law enforcement agency or other governmental
19entity for the purpose of enforcing federal immigration laws.
20This subsection shall not apply to requests from federal,
21State, or local law enforcement agencies or other governmental
22entities for facial recognition search services or photographs
23obtained in the process of issuing a driver's license or
24permit when the purpose of the request relates to criminal
25activity other than violations of immigration laws.
26    (g) Notwithstanding any other provision of law, the
		SB3115	- 11 -	LRB104 18867 RLC 32312 b
1Secretary may not release highly restricted personal
2information or personally identifying information or disclose
3documents described in subsection (d) to any immigration
4agent[, as defined in Section 10 of the Illinois TRUST Act,]
5unless necessary to comply with the following, to the extent
6that production of such information or documents is
7specifically required:
8        (1) a lawful court order;
9        (2) a judicial warrant signed by a judge appointed
10    pursuant to Article III of the Constitution of the United
11    States; or
12        (3) a subpoena for individual records issued by a
13    federal or State court.
14    When responding to such a court order, warrant, or
15subpoena, the Secretary shall disclose only those documents or
16information specifically requested. Within 3 business days of
17receiving such a court order, warrant, or subpoena, the
18Secretary shall send a notification to the individual about
19whom such information was requested that a court order,
20warrant, or subpoena was received and the identity of the
21entity that presented the court order, warrant, or subpoena.
22    As used in this subsection, "immigration agent" means an 
23agent of the U.S. Immigration and Customs Enforcement, the 
24U.S. Customs and Border Protection, or any similar or 
25successor agency.
26    (h) The Secretary shall not enter into or maintain any
		SB3115	- 12 -	LRB104 18867 RLC 32312 b
1agreement regarding the sharing of any highly restricted
2personal information or personally identifying information or
3documents described in subsection (d) unless all other parties
4to such agreement certify that the information obtained will
5not be used for civil immigration purposes or knowingly
6disseminated to any third party for any purpose related to
7civil immigration enforcement.
8(Source: P.A. 103-210, eff. 7-1-24; 104-234, eff. 8-15-25.)
9    Section 115. The Department of Human Services Act is
10amended by adding Section 1-92 as follows:
11    (20 ILCS 1305/1-92 new)
12    Sec. 1-92. Asylum Travel Expense Program.
13    (a) As used in this Section, "noncitizen seeking asylum" 
14means a noncitizen who wants to begin the process of seeking 
15asylum through processes required by the United States 
16Citizenship and Immigration Services or who has already begun 
17or has completed the application process of requesting asylum 
18required by the United States Citizenship and Immigration 
19Services.
20    (b) The Asylum Travel Expense Program is created within 
21the Department. The Program shall, subject to funding as 
22provided in subsection (c) and future appropriation, provide 
23noncitizens seeking asylum who are residing in Illinois 
24transportation and travel expenses for travel to another state 
		SB3115	- 13 -	LRB104 18867 RLC 32312 b
1that prohibits law enforcement or other governmental agencies 
2from assisting the United States Immigration and Customs 
3Enforcement or other federal government agency with 
4immigration enforcement or to the country of origin of the 
5noncitizen seeking asylum. The Department may provide for, 
6using moneys from the Fund established under subsection (c), 
7transportation and travel expenses to relocate the noncitizen 
8seeking asylum to the state of choice of the noncitizen or the 
9country of origin of the noncitizen as allowed under this 
10subsection. The method of transportation selected by the 
11Department shall be by the cheapest means to transport the 
12noncitizen seeking asylum to the noncitizen's desired 
13destination. The Department may adopt rules to implement the 
14Program.
15    (c) On July 1, 2026, the State Comptroller shall direct 
16and the State Treasurer shall transfer $10,000,000 from the 
17General Revenue Fund into the Asylum Travel Expenses Fund, a 
18special fund that is created in the State treasury, and may be 
19expended by the Secretary of Human Services to provide 
20transportation and travel expenses as provided in subsection 
21(b).
22    Section 120. The State Finance Act is amended by adding
23Section 5.1038 as follows:
24    (30 ILCS 105/5.1038 new)
		SB3115	- 14 -	LRB104 18867 RLC 32312 b
1    Sec. 5.1038. The Asylum Travel Expenses Fund.
2    Section 125. The School Code is amended by changing
3Section 22-105, as added by Public Act 104-288, as follows:
4    (105 ILCS 5/22-106)
5    Sec. 22-106 [22-105]. Denial of free education prohibited.
6    (a) The purpose of this Section is to secure the right of
7every child to equal access to a free public education and a
8school that is safe from intimidation and fear, consistent
9with the landmark United States Supreme Court decision in
10Plyler v. Doe, 457 U.S. 202 (1982), as in effect on January 1,
112025, which held that it is unconstitutional for states to
12deny children a free public education based on immigration
13status. In their efforts to promote the right to educational
14equality established in Plyler, schools must take steps to
15protect the integrity of school learning environments for all
16children, so that no parent is discouraged from sending and no
17child is discouraged from attending school, including from the
18threat of immigration enforcement or other law enforcement
19activity on a school campus.
20    (b) As used in this Section:
21    "Citizenship or immigration status" means all matters
22regarding citizenship of the United States or any other
23country or the authority or lack thereof to reside in or
24otherwise to be present in the United States, including an
		SB3115	- 15 -	LRB104 18867 RLC 32312 b
1individual's nationality and country of citizenship.
2    "Law enforcement agent" means an agent of federal, State,
3or local law enforcement authorized with the power to arrest
4or detain individuals or manage the custody of detained
5individuals for a law enforcement purpose, including civil
6immigration enforcement. "Law enforcement agent" does not
7include a school resource officer as defined in Section
810-20.68 of this Code.
9    "Nonjudicial warrant" means a warrant issued by a federal,
10State, or local agency authorized with the power to arrest or
11detain individuals or manage the custody of detained
12individuals for any law enforcement purpose, including civil
13immigration enforcement. "Nonjudicial warrant" includes an
14immigration detainer or civil immigration warrant [as defined ]
15[in the Illinois TRUST Act]. "Nonjudicial warrant" does not
16include a criminal warrant issued upon a judicial
17determination of probable cause, in compliance with the
18requirements of the Fourth Amendment to the United States
19Constitution and Section 6 of Article I of the Illinois
20Constitution.
21    "Prevailing party" includes any party:
22        (1) who obtains some of his or her requested relief
23    through a judicial judgment in his or her favor;
24        (2) who obtains some of his or her requested relief
25    through a settlement agreement approved by the court; or
26        (3) whose pursuit of a non-frivolous claim was a
		SB3115	- 16 -	LRB104 18867 RLC 32312 b
1    catalyst for a unilateral change in position by the
2    opposing party relative to the relief sought.
3    "School" means every public school, school district, and
4governing body, including a special charter district or
5charter school, organized under this Code, and its agents,
6including a contracted party.
7    (c) No child may be denied a free public education through
8secondary school while in this State based on the child's
9perceived or actual immigration status or the child's parent's
10or guardian's perceived or actual citizenship or immigration
11status.
12        (1) A school must not exclude a child from
13    participation in or deny a child the benefits of any
14    program or activity on the grounds of that child's
15    perceived or actual immigration status or the child's
16    parent's or guardian's actual or perceived citizenship or
17    immigration status.
18        (2) A school must not use policies or procedures or
19    engage in practices that have the effect of excluding a
20    child from participation in or denying the benefits of any
21    program or activity or the effect of excluding
22    participation of the child's parent or guardian from
23    parental engagement activities or programs because of the
24    child's perceived or actual immigration status or the
25    child's parent's or guardian's actual or perceived
26    immigration status. These policies, procedures, and
		SB3115	- 17 -	LRB104 18867 RLC 32312 b
1    practices include:
2            (A) requesting or collecting information or
3        documentation from a student or the student's parent
4        or guardian about citizenship or immigration status
5        unless required by State or federal law; and
6            (B) designating immigration status, citizenship,
7        place of birth, nationality, or national origin as
8        directory information, as that term is defined by
9        federal and State law.
10        (3) A school must not perform any of the following
11    actions:
12            (A) Threaten to disclose anything related to the
13        actual or perceived citizenship or immigration status
14        of a child or a person associated with the child to any
15        other person or entity or an immigration or law
16        enforcement agency.
17            (B) Disclose anything related to the perceived
18        citizenship or immigration status of a child or a
19        person associated with the child to any other person
20        or entity or an immigration or law enforcement agency
21        if the school does not have direct knowledge of the
22        child's or associated person's actual citizenship or
23        immigration status, subject to the requirements of
24        this paragraph (3).
25            (C) Disclose anything related to the actual
26        citizenship or immigration status of a child or a
		SB3115	- 18 -	LRB104 18867 RLC 32312 b
1        person associated with the child to any other person
2        or nongovernmental entity if the school has direct
3        knowledge of the child's or associated person's actual
4        citizenship or immigration status, subject to the
5        requirements of this paragraph (3).
6        Nothing in subparagraphs (B) and (C) of this paragraph
7    (3) may be construed to permit the disclosure of student
8    records or information without complying with State and
9    federal requirements governing the disclosure of such
10    records or information. Subparagraphs (B) and (C) of this
11    paragraph (3) may not be construed to prohibit or restrict
12    an entity from sending to or receiving from the United
13    States Department of Homeland Security or any other
14    federal, State, or local governmental entity information
15    regarding the citizenship or immigration status of an
16    individual under Sections 1373 and 1644 of Title 8 of the
17    United States Code.
18        (4) A school must develop procedures for reviewing and
19    authorizing requests from law enforcement agents
20    attempting to enter a school or school facility by July 1,
21    2026. The procedures must comply with the requirements of
22    paragraph (2) of this subsection (c), and, at a minimum,
23    include the following:
24            (A) procedures for reviewing and contacting a
25        designated authorized person at the school or school
26        facility and the district superintendent's office or
		SB3115	- 19 -	LRB104 18867 RLC 32312 b
1        school administrative office, who may contact the
2        school's legal counsel, and procedures for that
3        authorized person or legal counsel to review requests
4        to enter a school or school facility, including
5        judicial warrants, nonjudicial warrants, and
6        subpoenas;
7            (B) procedures for monitoring or accompanying and
8        procedures for documenting all interactions with law
9        enforcement agents while on the school's premises; and
10            (C) procedures for notifying and seeking consent
11        from a student's parents or guardian or from the
12        student if the student is 18 years old or older or
13        emancipated if a law enforcement agent requests access
14        to a student for immigration enforcement purposes,
15        unless such access is in compliance with a judicial
16        warrant or subpoena that restricts the disclosure of
17        the information to the student's parent or guardian.
18        This paragraph (4) is subject to subsection (c) of
19    Section 22-88 of this Code.
20    (d) A school shall adopt a policy for complying with
21paragraphs (1), (2), (3), and (4) of subsection (c) by July 1,
222026.
23    (e) Beginning July 1, 2026, any party aggrieved by conduct
24that violates subsection (c) may bring a civil lawsuit. This
25lawsuit must be brought no later than 2 years after the
26violation of subsection (c). If the court finds that a willful
		SB3115	- 20 -	LRB104 18867 RLC 32312 b
1violation of paragraph (1), (2), or (3) of subsection (c) has
2occurred, the court may award actual damages. The court, as it
3deems appropriate, may grant, as relief, any permanent or
4preliminary negative or mandatory injunction, temporary
5restraining order, or other order.
6    (f) Nothing in this Section may be construed to require an
7exhaustion of the administrative complaint process before
8civil law remedies may be pursued.
9    (g) Upon a motion, a court shall award reasonable
10attorney's fees and costs, including expert witness fees and
11other litigation expenses, to a plaintiff who is a prevailing
12party in any action brought under subsection (c). In awarding
13reasonable attorney's fees, the court shall consider the
14degree to which the relief obtained relates to the relief
15sought.
16    (h) The General Assembly finds and declares that this
17Section is a State law within the meaning of subsection (d) of
18Section 1621 of Title 8 of the United States Code.
19(Source: P.A. 104-288, eff. 1-1-26; revised 10-27-25.)
20    Section 130. The Public Higher Education Act is amended by
21changing Section 18 as follows:
22    (110 ILCS 167/18)
23    Sec. 18. Immigration status and immigration enforcement.
24    (a) As used in this Section:
		SB3115	- 21 -	LRB104 18867 RLC 32312 b
1    "Citizenship or immigration status" means all matters
2regarding citizenship of the United States or any other
3country or the authority or lack thereof to reside in or
4otherwise to be present in the United States, including an
5individual's nationality, country of citizenship, or status as
6an international student.
7    "Employee" means a full-time or part-time faculty member,
8staff member, executive leader, supervisor, clerical person,
9student, or contracted member of personnel employed by a
10school whose role involves direct, routine, or meaningful
11interaction with students to support their academic progress,
12personal development, or well-being.
13    "Law enforcement agent" means an agent of federal, State,
14or local law enforcement authorized with the power to arrest
15or detain individuals, or manage the custody of detained
16individuals, for civil immigration enforcement. "Law
17enforcement agent" does not include an agent of a school's
18police department.
19    "Nonjudicial warrant" means a warrant issued by a federal,
20State, or local governmental agency authorized with the power
21to arrest or detain individuals or manage the custody of
22detained individuals for any law enforcement purpose,
23including civil immigration enforcement. "Nonjudicial warrant"
24includes an immigration detainer or civil immigration warrant
25[as defined in the Illinois TRUST Act]. "Nonjudicial warrant"
26does not include a criminal warrant issued upon a judicial
		SB3115	- 22 -	LRB104 18867 RLC 32312 b
1determination of probable cause, in compliance with the
2requirements of the Fourth Amendment to the United States
3Constitution and Section 6 of Article I of the Illinois
4Constitution.
5    "Prevailing party" includes any party:
6        (1) who obtains some of his or her requested relief
7    through a judicial judgment in his or her favor;
8        (2) who obtains some of his or her requested relief
9    through a settlement agreement approved by a court; or
10        (3) whose pursuit of a nonfrivolous claim was a
11    catalyst for a unilateral change in position by the
12    opposing party relative to the relief sought.
13    "School" means a public institution of higher education as
14defined in Section 5.
15    "School campus" or "school's campus" means:
16        (1) any building or property owned or controlled by a
17    school within the same reasonably contiguous geographic
18    area of the school and used by the school in direct support
19    of or in a manner related to the school's educational
20    purposes, including, but not limited to, residence halls;
21    and
22        (2) property within the same reasonably contiguous
23    geographic area of the school that is owned by the school
24    but controlled by another person, is used by students, and
25    supports school purposes, including, but not limited to, a
26    food or other retail vendor.
		SB3115	- 23 -	LRB104 18867 RLC 32312 b
1    (b) Unless required by State or federal law or rule, a
2school must not perform any of the following actions:
3        (1) Threaten to disclose the actual or perceived
4    citizenship or immigration status of an employee, a
5    student, or a person associated with an employee or
6    student to an external party, including immigration or law
7    enforcement agencies.
8        (2) Knowingly disclose, without the consent of the
9    employee or student, anything related to the perceived
10    citizenship or immigration status of an employee, a
11    student, or a person associated with an employee or
12    student to an external party, including immigration or law
13    enforcement agencies, if the school does not have direct
14    knowledge of the employee's, student's, or associated
15    person's actual citizenship or immigration status, subject
16    to the requirements of this subsection.
17        (3) Knowingly disclose, without the consent of the
18    employee or student, anything related to the actual
19    citizenship or immigration status of an employee, a
20    student, or a person associated with an employee or
21    student to any other person or nongovernmental entity if
22    the school has direct knowledge of the employee's,
23    student's, or associated person's actual citizenship or
24    immigration status, subject to the requirements of this
25    subsection.
26        (4) Designate immigration status, citizenship, place
		SB3115	- 24 -	LRB104 18867 RLC 32312 b
1    of birth, nationality, or national origin as directory
2    information, as that term is defined by State and federal
3    law.
4    Nothing in this subsection may be construed to:
5        (A) prohibit a school from complying with all
6    applicable State and federal laws and rules, including,
7    but not limited to, 8 U.S.C. 214;
8        (B) prohibit or restrict a school from sending to or
9    receiving from the United States Department of Homeland
10    Security or any other federal, State, or local
11    governmental entity information regarding the citizenship
12    or immigration status of an individual under Sections 1373
13    and 1644 of Title 8 of the United States Code;
14        (C) permit the disclosure of personally identifiable
15    education records, as that term is defined by State or
16    federal law, or information from those records without
17    complying with State and federal laws and rules governing
18    the disclosure of such records or information;
19        (D) prohibit schools from complying with valid
20    judicial warrants, orders, or subpoenas; or
21        (E) prohibit or restrict a school from disclosing
22    information necessary to respond to an administrative
23    complaint or litigation brought against or by the school.
24    (c) A school must develop procedures for reviewing and
25authorizing requests from law enforcement agents attempting to
26enter a school's campus by January 1, 2026. The procedures
		SB3115	- 25 -	LRB104 18867 RLC 32312 b
1must, at a minimum, include the following:
2        (1) procedures for reviewing and contacting a
3    designated authorized person, office, or department at the
4    school or school facility, which person, office, or
5    department may contact the school's legal counsel, and
6    procedures for that authorized person, office, or
7    department or legal counsel to review requests to enter a
8    school's campus, including judicial warrants or orders,
9    nonjudicial warrants, and subpoenas;
10        (2) procedures for documenting all interactions with
11    law enforcement agents while on the school's campus; and
12        (3) procedures for notifying and seeking consent from
13    an employee or student if a law enforcement agent requests
14    access to the employee or student for immigration
15    enforcement purposes, unless such consent is prohibited by
16    a judicial warrant or subpoena.
17    (d) A school must provide information on its website about
18who employees and students should contact if a law enforcement
19agent seeks to enter the school campus, enters the school
20campus, or engages in nonconsensual interactions with members
21of the school community, including employees or students, by
22January 1, 2026.
23    (e) A school shall submit to either the Illinois Community
24College Board or the Illinois Board of Higher Education, as
25applicable, a copy of the procedures developed to implement
26subsections (b) and (c). The Illinois Community College Board
		SB3115	- 26 -	LRB104 18867 RLC 32312 b
1and the Illinois Board of Higher Education shall submit to the
2General Assembly a report compiling the procedures received
3from each school under this subsection (e) by July 1, 2026.
4    (f) The General Assembly finds and declares that this
5Section is a State law within the meaning of subsection (d) of
6Section 1621 of Title 8 of the United States Code.
7    (g) By January 1, 2026, a school shall provide immigration
8enforcement resources on its website to help students and
9employees understand their constitutional rights and access
10immigration-related guidance. These resources may include, but
11are not limited to, a link to illinoisimmigrationinfo.org.
12This information shall be posted in a clear and easily
13accessible location on the school's primary website.
14    (h) For the purposes of this subsection, "immigration
15enforcement activity" includes any arrests or detentions
16conducted by agents or officers of the United States
17Department of Homeland Security, United States Immigration and
18Customs Enforcement, or United States Customs and Border
19Protection or any other individual or entity with the power to
20arrest or detain individuals or manage custody of detained
21individuals for the purposes of civil immigration enforcement.
22    By January 1, 2026, a school shall adopt procedures
23designed to:
24        (1) determine if an immigration enforcement activity
25    is occurring or has occurred on the school's campus,
26    including verification of the first and last name,
		SB3115	- 27 -	LRB104 18867 RLC 32312 b
1    employer or agency, and badge number of the lead law
2    enforcement agent, if possible; and
3        (2) notify the appropriate school-campus unit or area
4    if the school confirms that immigration enforcement
5    activity is occurring or has occurred on the school's
6    campus that, in the judgment of school law enforcement or
7    the school's public safety office, could adversely impact
8    school-campus safety or operations.
9    (i) A school may not impede students or employees from
10offering, attending, or participating in training on
11constitutional rights and immigration-related guidance,
12including, but not limited to, attending know-your-rights
13training or sharing know-your-rights flyers.
14    (j) Beginning January 1, 2026, any party aggrieved by
15conduct that violates subsection (b) may bring a civil
16lawsuit. This lawsuit must be brought no later than 2 years
17after the violation of subsection (b) or 2 years from the date
18the aggrieved party becomes aware of the violation of
19subsection (b), whichever is later. If the court finds that a
20willful violation of subsection (b) has occurred, the court
21may award actual damages. The court, as it deems appropriate,
22may grant, as relief, a permanent or preliminary negative or
23mandatory injunction, temporary restraining order, or other
24order.
25    (k) Nothing in this Section may be construed to require an
26exhaustion of the administrative complaint process before
		SB3115	- 28 -	LRB104 18867 RLC 32312 b
1civil law remedies may be pursued.
2    (l) Upon a motion, a court shall award reasonable
3attorney's fees and costs, including expert witness fees and
4other litigation expenses, to a plaintiff who is a prevailing
5party in any action brought under subsection (i). In awarding
6reasonable attorney's fees, the court shall consider the
7degree to which the relief obtained relates to the relief
8sought.
9(Source: P.A. 104-440, eff. 12-9-25.)
10    (305 ILCS 5/12-4.35 rep.)
11    Section 135. The Illinois Public Aid Code is amended by
12repealing Section 12-4.35.
13    Section 140. The Illinois Vehicle Code is amended by
14changing Section 6-110.3 as follows:
15    (625 ILCS 5/6-110.3)
16    Sec. 6-110.3. Restrictions on use of information for
17certain purposes.
18    (a) Notwithstanding any other provision of law, the
19Secretary may not release or make accessible in any manner any
20highly restricted personal information as defined in Section
211-125.9 or personally identifying information as defined in
22Section 1-159.2, provide images, photos, or facial recognition
23services as described in Section 6-110.1, or disclose
		SB3115	- 29 -	LRB104 18867 RLC 32312 b
1documents as described in Section 6-110.2 to any immigration
2agent [as defined in Section 10 of the Illinois TRUST Act,]
3unless necessary to comply with the following, to the extent
4that production of such information or documents is
5specifically required:
6        (1) a lawful court order;
7        (2) a judicial warrant signed by a judge appointed
8    pursuant to Article III of the Constitution of the United
9    States; or
10        (3) a subpoena for individual records issued by a
11    federal or State court.
12    When responding to such a court order, warrant, or
13subpoena, the Secretary shall disclose only those documents or
14information specifically requested. Within 3 business days of
15receiving such a court order, warrant, or subpoena, the
16Secretary shall send a notification to the individual about
17whom such information was requested that a court order,
18warrant, or subpoena was received and the identity of the
19entity that presented the court order, warrant, or subpoena.
20    As used in this subsection, "immigration agent" means an 
21agent of the U.S. Immigration and Customs Enforcement, the 
22U.S. Customs and Border Protection, or any similar or 
23successor agency.
24    (b) The Secretary shall not enter into or maintain any
25agreement regarding the sharing of any highly restricted
26personal information as defined in Section 1-125.9, personally
		SB3115	- 30 -	LRB104 18867 RLC 32312 b
1identifying information as defined in Section 1-159.2, images
2or photos described in Section 6-110.1, or documents described
3in Section 6-110.2 unless all other parties to such agreement
4certify that the information obtained will not be used for
5civil immigration purposes or knowingly disseminated to any
6third party for any purpose related to civil immigration
7enforcement.
8(Source: P.A. 103-210, eff. 7-1-24.)
9    Section 999. Effective date. This Act takes effect upon
10becoming law.
		SB3115	- 31 -	LRB104 18867 RLC 32312 b
1
  INDEX
2
  Statutes amended in order of appearance
3    New Act
4    5 ILCS 100/5-45.37 rep.
5    5 ILCS 805/Act rep.
6    15 ILCS 335/11	from Ch. 124, par. 31
7    20 ILCS 1305/1-92 new
8    30 ILCS 105/5.1038 new
9    105 ILCS 5/22-106
10    110 ILCS 167/18
11    305 ILCS 5/12-4.35 rep.
12    625 ILCS 5/6-110.3