TRUST ACT-LAW ENFORCEMENT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5762

Introduced 5/6/2026, by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

5 ILCS 805/15
705 ILCS 96/Act rep.

Amends the Illinois TRUST Act. Specifies that provisions of the Act
that prohibit the enforcement of federal civil immigration laws by State
law enforcement agencies and officials do not apply if the State law
enforcement agency or official is presented with a valid, enforceable
federal warrant. Specifies that nothing in those provisions prohibits
communication between federal agencies or officials and law enforcement
agencies or officials. Deletes prohibitions against agreements to detain
individuals for federal civil immigration violations. Deletes various
specified prohibitions against assisting with immigration enforcement.
Repeals the Court Access, Safety, and Participation Act.
LRB104 21775 BDA 37458 b

A BILL FOR

HB5762
LRB104 21775 BDA 37458 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois TRUST Act is amended by changing
5
Section 15 as follows:

6

(5 ILCS 805/15)
7

Sec. 15.
Prohibition on enforcing federal civil
8
immigration laws.

9

(a) A law enforcement agency or law enforcement official
10
shall not detain or continue to detain any individual solely
11
on the basis of any immigration detainer or civil immigration
12
warrant or otherwise comply with an immigration detainer or
13
civil immigration warrant.
14

(b) A law enforcement agency or law enforcement official
15
shall not stop, arrest, search, detain, or continue to detain
16
a person solely based on an individual's citizenship or
17
immigration status.
18

(c)
This Section 15 does not apply if a law enforcement
19
agency or law enforcement official is presented with a valid,
20
enforceable federal warrant. Nothing in this Section 15
21
prohibits communication between federal agencies or officials
22
and law enforcement agencies or officials

(Blank)
.
23

(d) A law enforcement agency or law enforcement official

HB5762
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LRB104 21775 BDA 37458 b
1
acting in good faith in compliance with this Section who
2
releases a person subject to an immigration detainer or civil
3
immigration warrant shall have immunity from any civil or
4
criminal liability that might otherwise occur as a result of
5
making the release, with the exception of willful or wanton
6
misconduct.
7

(e) A law enforcement agency or law enforcement official
8
may not inquire about or investigate the citizenship or
9
immigration status or place of birth of any individual in the
10
agency or official's custody or who has otherwise been stopped
11
or detained by the agency or official. Nothing in this
12
subsection shall be construed to limit the ability of a law
13
enforcement agency or law enforcement official, pursuant to
14
State or federal law, to notify a person in the law enforcement
15
agency's custody about that person's right to communicate with
16
consular officers from that person's country of nationality,
17
or facilitate such communication, in accordance with the
18
Vienna Convention on Consular Relations or other bilateral
19
agreements. Nothing in this subsection shall be construed to
20
limit the ability of a law enforcement agency or law
21
enforcement official to request evidence of citizenship or
22
immigration status pursuant to the Firearm Owners
23
Identification Card Act, the Firearm Concealed Carry Act,
24
Article 24 of the Criminal Code of 2012, or 18 United States
25
Code Sections 921 through 931.
26

(f) Unless otherwise limited by federal law, a law

HB5762
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LRB104 21775 BDA 37458 b
1
enforcement agency or law enforcement official may not deny
2
services, benefits, privileges, or opportunities to an
3
individual in custody or under probation status, including,
4
but not limited to, eligibility for or placement in a lower
5
custody classification, educational, rehabilitative, or
6
diversionary programs, on the basis of the individual's
7
citizenship or immigration status, the issuance of an
8
immigration detainer or civil immigration warrant against the
9
individual, or the individual being in immigration removal
10
proceedings.
11

(g)(1)
(Blank).

No law enforcement agency, law enforcement
12
official, or any unit of State or local government may enter
13
into or renew any contract, intergovernmental service
14
agreement, or any other agreement to house or detain
15
individuals for federal civil immigration violations.
16

(2)
(Blank).

Any law enforcement agency, law enforcement
17
official, or unit of State or local government with an
18
existing contract, intergovernmental agreement, or other
19
agreement, whether in whole or in part, that is utilized to
20
house or detain individuals for civil immigration violations
21
shall exercise the termination provision in the agreement as
22
applied to housing or detaining individuals for civil
23
immigration violations no later than January 1, 2022.
24

(h)
(Blank).

Unless presented with a federal criminal
25
warrant, or otherwise required by federal law, a law
26
enforcement agency or official may not:

HB5762
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LRB104 21775 BDA 37458 b
1

(1) participate, support, or assist in any capacity
2

with an immigration agent's enforcement operations,
3

including any collateral assistance such as coordinating
4

an arrest in a courthouse or other public facility,
5

providing use of any equipment, transporting any
6

individuals, or establishing a security or traffic
7

perimeter surrounding such operations, or any other
8

on-site support;
9

(2) give any immigration agent access, including by
10

telephone, to any individual who is in that agency's
11

custody;
12

(3) transfer any person into an immigration agent's
13

custody;
14

(4) permit immigration agents use of agency facilities
15

or equipment, including any agency electronic databases
16

not available to the public, for investigative interviews
17

or other investigative or immigration enforcement purpose;
18

(5) enter into or maintain any agreement regarding
19

direct access to any electronic database or other
20

data-sharing platform maintained by any law enforcement
21

agency, or otherwise provide such direct access to the
22

U.S. Immigration and Customs Enforcement, United States
23

Customs and Border Protection or any other federal entity
24

enforcing civil immigration violations;
25

(6) provide information in response to any immigration
26

agent's inquiry or request for information regarding any

HB5762
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LRB104 21775 BDA 37458 b
1

individual in the agency's custody; or
2

(7) provide to any immigration agent information not
3

otherwise available to the public relating to an
4

individual's release or contact information, or otherwise
5

facilitate for an immigration agent to apprehend or
6

question an individual for immigration enforcement.
7

(i) Nothing in this Section shall preclude a law
8
enforcement official from otherwise executing that official's
9
duties in investigating violations of criminal law and
10
cooperating in such investigations with federal and other law
11
enforcement agencies (including criminal investigations
12
conducted by federal Homeland Security Investigations (HSI))
13
in order to ensure public safety.
14
(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)

15

(705 ILCS 96/Act rep.)
16

Section 10.
The Court Access, Safety, and Participation
17
Act is repealed.

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