IMMIGRATION ENFORCEMENT ACT

Illinois General Assembly - Full Text of SB3115

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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
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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 1.
Short title.
This Act may be cited as the
5
Immigration Enforcement Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Immigration detainer is facially sufficient" means: (i)
8
the federal immigration agency's official form is incomplete
9
and fails to indicate on its face that the federal immigration
10
official has probable cause to believe that the person to be
11
detained is a removable alien under federal immigration law
12
but is supported by an affidavit, order, or other official
13
documentation that indicates that the federal immigration
14
agency has probable cause to believe that the person to be
15
detained is a removable alien under federal immigration law
16
and the federal immigration agency supplies with its detention
17
request a Form I-200 Warrant for Arrest of Alien, a Form I-205
18
Warrant of Removal/Deportation, a successor warrant, or other
19
warrant authorized by federal law; or (ii) the federal
20
immigration agency's official form is complete and indicates
21
on its face that the federal immigration official has probable
22
cause to believe that the person to be detained is a removable
23
alien under federal immigration law.

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"Law enforcement agency" means any entity with statutory
2
police powers and the ability to employ individuals authorized
3
to make arrests, including local and State agencies.
4

"Local entity" means a unit of local government, a school
5
district, or a community college district.
6

"State entity" means the State of Illinois and all of its
7
agencies, State universities and colleges, and all corporate
8
outgrowths of the State.

9

Section 10.
Prohibited policies regarding immigration
10
enforcement.
A State entity, local entity, or law enforcement
11
agency may not adopt or maintain a law, ordinance, resolution,
12
rule, regulation, policy, directive, order, practice, or
13
procedure, formal or informal, written or unwritten, that
14
prohibits or materially restricts the State entity, local
15
entity, or law enforcement agency from complying with or
16
assisting in the enforcement of immigration laws. This
17
includes 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

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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.

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Section 15.
Mandatory duties of law enforcement agencies
2
regarding immigration detainers.
3

(a) A law enforcement agency that takes initial custody of
4
a 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
14
duty imposed by subsection (a) with respect to a person who has
15
been transferred to the custody of the agency by another law
16
enforcement agency subject to the requirements of this
17
Section.
18

(c) A court of competent jurisdiction that receives notice
19
that a person is subject to an immigration detainer shall
20
record this information in the court record, regardless of
21
whether the notice is received before or after a judgment in
22
the case.

23

Section 20.
Mandatory agreements for housing persons
24
subject to immigration detainers.
25

(a) Each county jail, municipal jail, and the Department

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of Corrections shall enter into an agreement with a federal
2
immigration agency for temporarily housing persons who are the
3
subject of immigration detainers and for the payment of the
4
costs of housing and detaining those persons.
5

(b) An agreement under this Section must include a
6
contract with a federal immigration agency for housing or
7
detaining persons subject to immigration detainers, such as
8
basic ordering agreements, intergovernmental service
9
agreements, agreements authorized by Section 287 of the
10
federal Immigration and Nationality Act (8 U.S.C. 1357),
11
successor agreements, or other similar agreements authorized
12
by federal law.

13

Section 25.
Implementation; discrimination prohibited.
14

(a) This Act shall be implemented in a manner consistent
15
with federal laws and regulations governing immigration,
16
protecting the civil rights of all persons, and respecting the
17
privileges and immunities of United States citizens.
18

(b) A State entity, local entity, or law enforcement
19
agency and a person employed by or otherwise under the
20
direction or control of a State entity, local entity, or law
21
enforcement agency may not base the entity's, agency's, or
22
person's actions under this Act on the gender, race, color,
23
religion, language, national origin, or physical disability of
24
a person except to the extent authorized by the United States
25
Constitution, the constitution and laws of this State, or

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other applicable federal law.

2

Section 30.
Home rule.
The regulation of immigration
3
enforcement is an exclusive power and function of the State. A
4
home rule unit may not regulate immigration enforcement. This
5
Act is a denial and limitation of home rule powers and
6
functions under subsection (h) of Section 6 of Article VII of
7
the Illinois Constitution.

8

(5 ILCS 100/5-45.37 rep.)
9

Section 100.
The Illinois Administrative Procedure Act is
10
amended 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
14
amended 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
18
furnish information as to whether a person has a current
19
Standard Illinois Identification Card or an Illinois Person
20
with a Disability Identification Card then on file, upon
21
receipt of a written application therefor accompanied with the

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prescribed fee. However, the Secretary may not disclose
2
medical information concerning an individual to any person,
3
public agency, private agency, corporation or governmental
4
body unless the individual has submitted a written request for
5
the information or unless the individual has given prior
6
written consent for the release of the information to a
7
specific person or entity. This exception shall not apply to:
8
(1) offices and employees of the Secretary who have a need to
9
know the medical information in performance of their official
10
duties, or (2) orders of a court of competent jurisdiction.
11
When medical information is disclosed by the Secretary in
12
accordance with the provisions of this Section, no liability
13
shall rest with the Office of the Secretary of State as the
14
information is released for informational purposes only.
15

(b) Except as otherwise provided in this Section, the
16
Secretary may release personally identifying information only
17
to:
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);

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(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
8
Secretary may release highly restricted personal information
9
only 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
23
for an identification card to prove the applicant's identity
24
(name and date of birth), social security number or lack of a
25
social security number, written signature, residency, and, as
26
applicable, citizenship and immigration status and country of

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citizenship shall be confidential and shall not be disclosed
2
except 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
16
security number or any associated information obtained from
17
the Social Security Administration without the written request
18
or consent of the individual except: (i) to officers and
19
employees of the Secretary who have a need to know the social
20
security number in the performance of their official duties;
21
(ii) except as restricted by subsections (g) and (h) to law
22
enforcement officials for a civil or criminal law enforcement
23
investigation if an officer of the law enforcement agency has
24
made a written request to the Secretary specifying the law
25
enforcement investigation for which the social security number
26
is being sought; (iii) under a lawful court order signed by a

SB3115
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judge; (iv) to the Illinois Department of Veterans Affairs for
2
the purpose of confirming veteran status to agencies in other
3
states responsible for the issuance of state identification
4
cards for participation in State-to-State verification
5
service; or (v) the last 4 digits to the Illinois State Board
6
of Elections for purposes of voter registration and as may be
7
required pursuant to an agreement for a multi-state voter
8
registration list maintenance system. The Secretary retains
9
the right to require additional verification regarding the
10
validity of a request from law enforcement. If social security
11
information is disclosed by the Secretary in accordance with
12
this Section, no liability shall rest with the Office of the
13
Secretary of State or any of its officers or employees, as the
14
information is released for official purposes only.
15

(f) The Secretary of State shall not provide facial
16
recognition search services or photographs obtained in the
17
process of issuing an identification card to any federal,
18
State, or local law enforcement agency or other governmental
19
entity for the purpose of enforcing federal immigration laws.
20
This subsection shall not apply to requests from federal,
21
State, or local law enforcement agencies or other governmental
22
entities for facial recognition search services or photographs
23
obtained in the process of issuing a driver's license or
24
permit when the purpose of the request relates to criminal
25
activity other than violations of immigration laws.
26

(g) Notwithstanding any other provision of law, the

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Secretary may not release highly restricted personal
2
information or personally identifying information or disclose
3
documents described in subsection (d) to any immigration
4
agent
, as defined in Section 10 of the Illinois TRUST Act,

5
unless necessary to comply with the following, to the extent
6
that production of such information or documents is
7
specifically 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
15
subpoena, the Secretary shall disclose only those documents or
16
information specifically requested. Within 3 business days of
17
receiving such a court order, warrant, or subpoena, the
18
Secretary shall send a notification to the individual about
19
whom such information was requested that a court order,
20
warrant, or subpoena was received and the identity of the
21
entity that presented the court order, warrant, or subpoena.
22

As used in this subsection, "immigration agent" means an
23
agent of the U.S. Immigration and Customs Enforcement, the
24
U.S. Customs and Border Protection, or any similar or
25
successor agency.

26

(h) The Secretary shall not enter into or maintain any

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1
agreement regarding the sharing of any highly restricted
2
personal information or personally identifying information or
3
documents described in subsection (d) unless all other parties
4
to such agreement certify that the information obtained will
5
not be used for civil immigration purposes or knowingly
6
disseminated to any third party for any purpose related to
7
civil 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
10
amended 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"
14
means a noncitizen who wants to begin the process of seeking
15
asylum through processes required by the United States
16
Citizenship and Immigration Services or who has already begun
17
or has completed the application process of requesting asylum
18
required by the United States Citizenship and Immigration
19
Services.

20

(b) The Asylum Travel Expense Program is created within
21
the Department. The Program shall, subject to funding as
22
provided in subsection (c) and future appropriation, provide
23
noncitizens seeking asylum who are residing in Illinois
24
transportation and travel expenses for travel to another state

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1
that prohibits law enforcement or other governmental agencies
2
from assisting the United States Immigration and Customs
3
Enforcement or other federal government agency with
4
immigration enforcement or to the country of origin of the
5
noncitizen seeking asylum. The Department may provide for,
6
using moneys from the Fund established under subsection (c),
7
transportation and travel expenses to relocate the noncitizen
8
seeking asylum to the state of choice of the noncitizen or the
9
country of origin of the noncitizen as allowed under this
10
subsection. The method of transportation selected by the
11
Department shall be by the cheapest means to transport the
12
noncitizen seeking asylum to the noncitizen's desired
13
destination. The Department may adopt rules to implement the
14
Program.

15

(c) On July 1, 2026, the State Comptroller shall direct
16
and the State Treasurer shall transfer $10,000,000 from the
17
General Revenue Fund into the Asylum Travel Expenses Fund, a
18
special fund that is created in the State treasury, and may be
19
expended by the Secretary of Human Services to provide
20
transportation and travel expenses as provided in subsection
21
(b).

22

Section 120.
The State Finance Act is amended by adding
23
Section 5.1038 as follows:

24

(30 ILCS 105/5.1038 new)

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1

Sec. 5.1038.
The Asylum Travel Expenses Fund.

2

Section 125.
The School Code is amended by changing
3
Section 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
7
every child to equal access to a free public education and a
8
school that is safe from intimidation and fear, consistent
9
with the landmark United States Supreme Court decision in
10
Plyler v. Doe, 457 U.S. 202 (1982), as in effect on January 1,
11
2025, which held that it is unconstitutional for states to
12
deny children a free public education based on immigration
13
status. In their efforts to promote the right to educational
14
equality established in Plyler, schools must take steps to
15
protect the integrity of school learning environments for all
16
children, so that no parent is discouraged from sending and no
17
child is discouraged from attending school, including from the
18
threat of immigration enforcement or other law enforcement
19
activity on a school campus.
20

(b) As used in this Section:
21

"Citizenship or immigration status" means all matters
22
regarding citizenship of the United States or any other
23
country or the authority or lack thereof to reside in or
24
otherwise to be present in the United States, including an

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individual's nationality and country of citizenship.
2

"Law enforcement agent" means an agent of federal, State,
3
or local law enforcement authorized with the power to arrest
4
or detain individuals or manage the custody of detained
5
individuals for a law enforcement purpose, including civil
6
immigration enforcement. "Law enforcement agent" does not
7
include a school resource officer as defined in Section
8
10-20.68 of this Code.
9

"Nonjudicial warrant" means a warrant issued by a federal,
10
State, or local agency authorized with the power to arrest or
11
detain individuals or manage the custody of detained
12
individuals for any law enforcement purpose, including civil
13
immigration enforcement. "Nonjudicial warrant" includes an
14
immigration detainer or civil immigration warrant
as defined
15
in the Illinois TRUST Act
. "Nonjudicial warrant" does not
16
include a criminal warrant issued upon a judicial
17
determination of probable cause, in compliance with the
18
requirements of the Fourth Amendment to the United States
19
Constitution and Section 6 of Article I of the Illinois
20
Constitution.
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

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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
4
governing body, including a special charter district or
5
charter school, organized under this Code, and its agents,
6
including a contracted party.
7

(c) No child may be denied a free public education through
8
secondary school while in this State based on the child's
9
perceived or actual immigration status or the child's parent's
10
or guardian's perceived or actual citizenship or immigration
11
status.
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

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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

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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

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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
21
paragraphs (1), (2), (3), and (4) of subsection (c) by July 1,
22
2026.
23

(e) Beginning July 1, 2026, any party aggrieved by conduct
24
that violates subsection (c) may bring a civil lawsuit. This
25
lawsuit must be brought no later than 2 years after the
26
violation of subsection (c). If the court finds that a willful

SB3115
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LRB104 18867 RLC 32312 b
1
violation of paragraph (1), (2), or (3) of subsection (c) has
2
occurred, the court may award actual damages. The court, as it
3
deems appropriate, may grant, as relief, any permanent or
4
preliminary negative or mandatory injunction, temporary
5
restraining order, or other order.
6

(f) Nothing in this Section may be construed to require an
7
exhaustion of the administrative complaint process before
8
civil law remedies may be pursued.
9

(g) Upon a motion, a court shall award reasonable
10
attorney's fees and costs, including expert witness fees and
11
other litigation expenses, to a plaintiff who is a prevailing
12
party in any action brought under subsection (c). In awarding
13
reasonable attorney's fees, the court shall consider the
14
degree to which the relief obtained relates to the relief
15
sought.
16

(h) The General Assembly finds and declares that this
17
Section is a State law within the meaning of subsection (d) of
18
Section 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
21
changing Section 18 as follows:

22

(110 ILCS 167/18)
23

Sec. 18.
Immigration status and immigration enforcement.

24

(a) As used in this Section:

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LRB104 18867 RLC 32312 b
1

"Citizenship or immigration status" means all matters
2
regarding citizenship of the United States or any other
3
country or the authority or lack thereof to reside in or
4
otherwise to be present in the United States, including an
5
individual's nationality, country of citizenship, or status as
6
an international student.
7

"Employee" means a full-time or part-time faculty member,
8
staff member, executive leader, supervisor, clerical person,
9
student, or contracted member of personnel employed by a
10
school whose role involves direct, routine, or meaningful
11
interaction with students to support their academic progress,
12
personal development, or well-being.
13

"Law enforcement agent" means an agent of federal, State,
14
or local law enforcement authorized with the power to arrest
15
or detain individuals, or manage the custody of detained
16
individuals, for civil immigration enforcement. "Law
17
enforcement agent" does not include an agent of a school's
18
police department.
19

"Nonjudicial warrant" means a warrant issued by a federal,
20
State, or local governmental agency authorized with the power
21
to arrest or detain individuals or manage the custody of
22
detained individuals for any law enforcement purpose,
23
including civil immigration enforcement. "Nonjudicial warrant"
24
includes an immigration detainer or civil immigration warrant
25
as defined in the Illinois TRUST Act
. "Nonjudicial warrant"
26
does not include a criminal warrant issued upon a judicial

SB3115
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1
determination of probable cause, in compliance with the
2
requirements of the Fourth Amendment to the United States
3
Constitution and Section 6 of Article I of the Illinois
4
Constitution.
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
14
defined 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.

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LRB104 18867 RLC 32312 b
1

(b) Unless required by State or federal law or rule, a
2
school 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

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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
25
authorizing requests from law enforcement agents attempting to
26
enter a school's campus by January 1, 2026. The procedures

SB3115
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LRB104 18867 RLC 32312 b
1
must, 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
18
who employees and students should contact if a law enforcement
19
agent seeks to enter the school campus, enters the school
20
campus, or engages in nonconsensual interactions with members
21
of the school community, including employees or students, by
22
January 1, 2026.
23

(e) A school shall submit to either the Illinois Community
24
College Board or the Illinois Board of Higher Education, as
25
applicable, a copy of the procedures developed to implement
26
subsections (b) and (c). The Illinois Community College Board

SB3115
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LRB104 18867 RLC 32312 b
1
and the Illinois Board of Higher Education shall submit to the
2
General Assembly a report compiling the procedures received
3
from each school under this subsection (e) by July 1, 2026.
4

(f) The General Assembly finds and declares that this
5
Section is a State law within the meaning of subsection (d) of
6
Section 1621 of Title 8 of the United States Code.
7

(g) By January 1, 2026, a school shall provide immigration
8
enforcement resources on its website to help students and
9
employees understand their constitutional rights and access
10
immigration-related guidance. These resources may include, but
11
are not limited to, a link to illinoisimmigrationinfo.org.
12
This information shall be posted in a clear and easily
13
accessible location on the school's primary website.
14

(h) For the purposes of this subsection, "immigration
15
enforcement activity" includes any arrests or detentions
16
conducted by agents or officers of the United States
17
Department of Homeland Security, United States Immigration and
18
Customs Enforcement, or United States Customs and Border
19
Protection or any other individual or entity with the power to
20
arrest or detain individuals or manage custody of detained
21
individuals for the purposes of civil immigration enforcement.
22

By January 1, 2026, a school shall adopt procedures
23
designed 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
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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
10
offering, attending, or participating in training on
11
constitutional rights and immigration-related guidance,
12
including, but not limited to, attending know-your-rights
13
training or sharing know-your-rights flyers.
14

(j) Beginning January 1, 2026, any party aggrieved by
15
conduct that violates subsection (b) may bring a civil
16
lawsuit. This lawsuit must be brought no later than 2 years
17
after the violation of subsection (b) or 2 years from the date
18
the aggrieved party becomes aware of the violation of
19
subsection (b), whichever is later. If the court finds that a
20
willful violation of subsection (b) has occurred, the court
21
may award actual damages. The court, as it deems appropriate,
22
may grant, as relief, a permanent or preliminary negative or
23
mandatory injunction, temporary restraining order, or other
24
order.
25

(k) Nothing in this Section may be construed to require an
26
exhaustion of the administrative complaint process before

SB3115
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LRB104 18867 RLC 32312 b
1
civil law remedies may be pursued.
2

(l) Upon a motion, a court shall award reasonable
3
attorney's fees and costs, including expert witness fees and
4
other litigation expenses, to a plaintiff who is a prevailing
5
party in any action brought under subsection (i). In awarding
6
reasonable attorney's fees, the court shall consider the
7
degree to which the relief obtained relates to the relief
8
sought.
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
12
repealing Section 12-4.35.

13

Section 140.
The Illinois Vehicle Code is amended by
14
changing Section 6-110.3 as follows:

15

(625 ILCS 5/6-110.3)
16

Sec. 6-110.3.
Restrictions on use of information for
17
certain purposes.
18

(a) Notwithstanding any other provision of law, the
19
Secretary may not release or make accessible in any manner any
20
highly restricted personal information as defined in Section
21
1-125.9 or personally identifying information as defined in
22
Section 1-159.2, provide images, photos, or facial recognition
23
services as described in Section 6-110.1, or disclose

SB3115
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LRB104 18867 RLC 32312 b
1
documents as described in Section 6-110.2 to any immigration
2
agent
as defined in Section 10 of the Illinois TRUST Act,

3
unless necessary to comply with the following, to the extent
4
that production of such information or documents is
5
specifically 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
13
subpoena, the Secretary shall disclose only those documents or
14
information specifically requested. Within 3 business days of
15
receiving such a court order, warrant, or subpoena, the
16
Secretary shall send a notification to the individual about
17
whom such information was requested that a court order,
18
warrant, or subpoena was received and the identity of the
19
entity that presented the court order, warrant, or subpoena.
20

As used in this subsection, "immigration agent" means an
21
agent of the U.S. Immigration and Customs Enforcement, the
22
U.S. Customs and Border Protection, or any similar or
23
successor agency.

24

(b) The Secretary shall not enter into or maintain any
25
agreement regarding the sharing of any highly restricted
26
personal information as defined in Section 1-125.9, personally

SB3115
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LRB104 18867 RLC 32312 b
1
identifying information as defined in Section 1-159.2, images
2
or photos described in Section 6-110.1, or documents described
3
in Section 6-110.2 unless all other parties to such agreement
4
certify that the information obtained will not be used for
5
civil immigration purposes or knowingly disseminated to any
6
third party for any purpose related to civil immigration
7
enforcement.
8
(Source: P.A. 103-210, eff. 7-1-24
.)

9

Section 999.
Effective date.
This Act takes effect upon
10
becoming law.

SB3115
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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

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