Sen. Omar Aquino
Filed: 5/11/2021
 
 


 




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1
AMENDMENT TO SENATE BILL 667 




2 AMENDMENT NO. ______. Amend Senate Bill 667, AS AMENDED, 
3with reference to page and line numbers on Senate Amendment 
4No. 1, on page 1, by replacing line 9 through line 14 on page 5 
5with the following:



6 "(5 ILCS 805/5)

7 Sec. 5. Legislative purpose.  Recognizing that State law 
8does not currently grant State or local law enforcement the 
9authority to enforce federal civil immigration laws, it is the 
10intent of the General Assembly that nothing in this Act shall 
11be construed to authorize any law enforcement agency or law 
12enforcement official to enforce federal civil immigration law. 
13The changes made to the definitions of immigration detainer 
14and civil immigration warrant (formerly "non-judicial 
15immigration warrant") by Section 10 of this amendatory Act of 
16the 102nd General Assembly are declarative of existing law. 
17This Act shall not be construed to prohibit or restrict any 
 
 
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1entity from sending to, or receiving from, the United States 
2Department of Homeland Security or other federal, State, or 
3local government entity information regarding the citizenship 
4or immigration status of any individual under Sections 1373 
5and 1644 of Title 8 of the United States Code. Further, nothing 
6in this Act shall prevent a law enforcement officer from 
7contacting another law enforcement agency for the purposes of 
8clarifying or confirming the civil or criminal nature and 
9status of notifications or other records possible offenses in 
10a record provided by the National Crime Information Center, or 
11detaining someone based on a notification in the Law 
12Enforcement Agencies Data Administrative System unless it is 
13clear that request is based on a non-judicial immigration 
14warrant.

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

16 (5 ILCS 805/10)

17 Sec. 10. Definitions. In this Act: 
18 "Citizenship or immigration status" means all matters 
19regarding citizenship of the United States or any other 
20country or the authority to reside in or otherwise be present 
21in the United States.
22 "Civil immigration warrant" means any document that is not 
23approved or ordered by a judge that can form the basis for an 
24individual's arrest or detention for a civil immigration 
25enforcement purpose. "Civil immigration warrant" includes Form 
 
 
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1I-200 "Warrant for the Arrest of Alien," Form I-203 "Order to 
2Detain or Release Alien," Form I-205 "Warrant of 
3Removal/Deportation," Form I-286 "Notice of Custody 
4Determination," any predecessor or successor form, and all 
5warrants, hits, or requests contained in the "Immigration 
6Violator File" of the FBI's National Crime Information Center 
7(NCIC) database. "Civil immigration warrant" does not include 
8any criminal warrant.
9 "Contact information" means home address, work address, 
10telephone number, electronic mail address, social media 
11information, or any other personal identifying information 
12that could be used as a means to contact an individual.
13 "Immigration agent" means an agent of federal Immigration 
14and Customs Enforcement, federal Customs and Border 
15Protection, or any similar or successor agency. 
16 "Immigration detainer" means a request to a State or local 
17law enforcement agency to provide notice of release or 
18maintain custody of an individual based on an alleged 
19violation of a civil immigration law, including detainers 
20issued under Sections 1226 or 1357 of Title 8 of the United 
21States Code or 287.7 or 236.1 of Title 8 of the Code of Federal 
22Regulations. "Immigration detainer" includes Form I-247A 
23"Immigration Detainer – Notice of Action" and any predecessor 
24or successor form. a document issued by an immigration agent 
25that is not approved or ordered by a judge and requests a law 
26enforcement agency or law enforcement official to provide 
 
 
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1notice of release or maintain custody of a person, including a 
2detainer issued under Section 1226 or 1357 of Title 8 of the 
3United States Code or Section 236.1 or 287.7 of Title 8 of the 
4Code of Federal Regulations.
5 "Law enforcement agency" means an agency of the State or 
6of a unit of local government charged with enforcement of 
7State, county, or municipal laws or with managing custody of 
8detained persons in the State.
9 "Law enforcement official" means any individual with the 
10power to arrest or detain individuals, including law 
11enforcement officers, county corrections officer, and others 
12employed or designated by a law enforcement agency. "Law 
13enforcement official" includes any probation officer. 
14 "Non-judicial immigration warrant" means a Form I-200 or 
15I-205 administrative warrant or any other immigration warrant 
16or request that is not approved or ordered by a judge, 
17including administrative warrants entered into the Federal 
18Bureau of Investigation's National Crime Information Center 
19database.

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