IMMIGRATION ENFORCEMENT ACT

Illinois General Assembly - Full Text of SB3117

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB3117

Home

Legislation

Full Text

SB3117 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3117

Introduced 2/2/2026, by Sen. Andrew S. Chesney

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 805/Act rep.
15 ILCS 335/11

from Ch. 124, par. 31
105 ILCS 5/22-106
110 ILCS 167/18
625 ILCS 5/6-110.3

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 the Illinois Identification Card Act, the School Code, the
Public Higher Education Act, and the Illinois Vehicle Code. Effective
immediately.
LRB104 18865 RLC 32310 b

A BILL FOR

SB3117
LRB104 18865 RLC 32310 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 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.

SB3117
- 2 -
LRB104 18865 RLC 32310 b
1

"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

SB3117
- 3 -
LRB104 18865 RLC 32310 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.

SB3117
- 4 -
LRB104 18865 RLC 32310 b
1

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

SB3117
- 5 -
LRB104 18865 RLC 32310 b
1
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

SB3117
- 6 -
LRB104 18865 RLC 32310 b
1
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 805/Act rep.)
9

Section 35.
The Illinois TRUST Act is repealed.

10

Section 40.
The Illinois Identification Card Act is
11
amended by changing Section 11 as follows:

12

(15 ILCS 335/11)

(from Ch. 124, par. 31)
13

Sec. 11.
Records.
14

(a) The Secretary may make a search of his records and
15
furnish information as to whether a person has a current
16
Standard Illinois Identification Card or an Illinois Person
17
with a Disability Identification Card then on file, upon
18
receipt of a written application therefor accompanied with the
19
prescribed fee. However, the Secretary may not disclose
20
medical information concerning an individual to any person,
21
public agency, private agency, corporation or governmental
22
body unless the individual has submitted a written request for

SB3117
- 7 -
LRB104 18865 RLC 32310 b
1
the information or unless the individual has given prior
2
written consent for the release of the information to a
3
specific person or entity. This exception shall not apply to:
4
(1) offices and employees of the Secretary who have a need to
5
know the medical information in performance of their official
6
duties, or (2) orders of a court of competent jurisdiction.
7
When medical information is disclosed by the Secretary in
8
accordance with the provisions of this Section, no liability
9
shall rest with the Office of the Secretary of State as the
10
information is released for informational purposes only.
11

(b) Except as otherwise provided in this Section, the
12
Secretary may release personally identifying information only
13
to:
14

(1) officers and employees of the Secretary who have a
15

need to know that information for issuance of driver's
16

licenses, permits, or identification cards and
17

investigation of fraud or misconduct;
18

(2) other governmental agencies for use in their
19

official governmental functions;
20

(3) law enforcement agencies for a criminal or civil
21

investigation, except as restricted by subsections (g) and
22

(h);
23

(3-5) the State Board of Elections as may be required
24

by an agreement the State Board of Elections has entered
25

into with a multi-state voter registration list
26

maintenance system; or

SB3117
- 8 -
LRB104 18865 RLC 32310 b
1

(4) any entity that the Secretary has authorized, by
2

rule.
3

(c) Except as otherwise provided in this Section, the
4
Secretary may release highly restricted personal information
5
only to:
6

(1) officers and employees of the Secretary who have a
7

need to access the information for the issuance of
8

driver's licenses, permits, or identification cards and
9

investigation of fraud or misconduct;
10

(2) law enforcement officials for a criminal or civil
11

law enforcement investigation, except as restricted by
12

subsections (g) and (h);
13

(3) the State Board of Elections for the purpose of
14

providing the signature for completion of voter
15

registration; or
16

(4) any other entity the Secretary has authorized by
17

rule.
18

(d) Documents required to be submitted with an application
19
for an identification card to prove the applicant's identity
20
(name and date of birth), social security number or lack of a
21
social security number, written signature, residency, and, as
22
applicable, citizenship and immigration status and country of
23
citizenship shall be confidential and shall not be disclosed
24
except to the following persons:
25

(1) the individual to whom the identification card was
26

issued, upon written request;

SB3117
- 9 -
LRB104 18865 RLC 32310 b
1

(2) officers and employees of the Secretary of State
2

who have a need to have access to the stored images for
3

purposes of issuing and controlling driver's licenses,
4

permits, or identification cards and investigation of
5

fraud or misconduct;
6

(3) law enforcement officials for a civil or criminal
7

law enforcement investigation, except as restricted by
8

subsections (g) and (h);
9

(4) other entities that the Secretary may authorize by
10

rule.
11

(e) The Secretary may not disclose an individual's social
12
security number or any associated information obtained from
13
the Social Security Administration without the written request
14
or consent of the individual except: (i) to officers and
15
employees of the Secretary who have a need to know the social
16
security number in the performance of their official duties;
17
(ii) except as restricted by subsections (g) and (h) to law
18
enforcement officials for a civil or criminal law enforcement
19
investigation if an officer of the law enforcement agency has
20
made a written request to the Secretary specifying the law
21
enforcement investigation for which the social security number
22
is being sought; (iii) under a lawful court order signed by a
23
judge; (iv) to the Illinois Department of Veterans Affairs for
24
the purpose of confirming veteran status to agencies in other
25
states responsible for the issuance of state identification
26
cards for participation in State-to-State verification

SB3117
- 10 -
LRB104 18865 RLC 32310 b
1
service; or (v) the last 4 digits to the Illinois State Board
2
of Elections for purposes of voter registration and as may be
3
required pursuant to an agreement for a multi-state voter
4
registration list maintenance system. The Secretary retains
5
the right to require additional verification regarding the
6
validity of a request from law enforcement. If social security
7
information is disclosed by the Secretary in accordance with
8
this Section, no liability shall rest with the Office of the
9
Secretary of State or any of its officers or employees, as the
10
information is released for official purposes only.
11

(f) The Secretary of State shall not provide facial
12
recognition search services or photographs obtained in the
13
process of issuing an identification card to any federal,
14
State, or local law enforcement agency or other governmental
15
entity for the purpose of enforcing federal immigration laws.
16
This subsection shall not apply to requests from federal,
17
State, or local law enforcement agencies or other governmental
18
entities for facial recognition search services or photographs
19
obtained in the process of issuing a driver's license or
20
permit when the purpose of the request relates to criminal
21
activity other than violations of immigration laws.
22

(g) Notwithstanding any other provision of law, the
23
Secretary may not release highly restricted personal
24
information or personally identifying information or disclose
25
documents described in subsection (d) to any immigration
26
agent
, as defined in Section 10 of the Illinois TRUST Act,

SB3117
- 11 -
LRB104 18865 RLC 32310 b
1
unless necessary to comply with the following, to the extent
2
that production of such information or documents is
3
specifically required:
4

(1) a lawful court order;
5

(2) a judicial warrant signed by a judge appointed
6

pursuant to Article III of the Constitution of the United
7

States; or
8

(3) a subpoena for individual records issued by a
9

federal or State court.
10

When responding to such a court order, warrant, or
11
subpoena, the Secretary shall disclose only those documents or
12
information specifically requested. Within 3 business days of
13
receiving such a court order, warrant, or subpoena, the
14
Secretary shall send a notification to the individual about
15
whom such information was requested that a court order,
16
warrant, or subpoena was received and the identity of the
17
entity that presented the court order, warrant, or subpoena.
18

As used in this subsection, "immigration agent" means an
19
agent of the U.S. Immigration and Customs Enforcement, the
20
U.S. Customs and Border Protection, or any similar or
21
successor agency.

22

(h) The Secretary shall not enter into or maintain any
23
agreement regarding the sharing of any highly restricted
24
personal information or personally identifying information or
25
documents described in subsection (d) unless all other parties
26
to such agreement certify that the information obtained will

SB3117
- 12 -
LRB104 18865 RLC 32310 b
1
not be used for civil immigration purposes or knowingly
2
disseminated to any third party for any purpose related to
3
civil immigration enforcement.
4
(Source: P.A. 103-210, eff. 7-1-24; 104-234, eff. 8-15-25.)

5

Section 45.
The School Code is amended by changing Section
6
22-105, as added by Public Act 104-288, as follows:

7

(105 ILCS 5/22-106)
8

Sec.
22-106

22-105
.
Denial of free education prohibited.
9

(a) The purpose of this Section is to secure the right of
10
every child to equal access to a free public education and a
11
school that is safe from intimidation and fear, consistent
12
with the landmark United States Supreme Court decision in
13
Plyler v. Doe, 457 U.S. 202 (1982), as in effect on January 1,
14
2025, which held that it is unconstitutional for states to
15
deny children a free public education based on immigration
16
status. In their efforts to promote the right to educational
17
equality established in Plyler, schools must take steps to
18
protect the integrity of school learning environments for all
19
children, so that no parent is discouraged from sending and no
20
child is discouraged from attending school, including from the
21
threat of immigration enforcement or other law enforcement
22
activity on a school campus.
23

(b) As used in this Section:
24

"Citizenship or immigration status" means all matters

SB3117
- 13 -
LRB104 18865 RLC 32310 b
1
regarding citizenship of the United States or any other
2
country or the authority or lack thereof to reside in or
3
otherwise to be present in the United States, including an
4
individual's nationality and country of citizenship.
5

"Law enforcement agent" means an agent of federal, State,
6
or local law enforcement authorized with the power to arrest
7
or detain individuals or manage the custody of detained
8
individuals for a law enforcement purpose, including civil
9
immigration enforcement. "Law enforcement agent" does not
10
include a school resource officer as defined in Section
11
10-20.68 of this Code.
12

"Nonjudicial warrant" means a warrant issued by a federal,
13
State, or local agency authorized with the power to arrest or
14
detain individuals or manage the custody of detained
15
individuals for any law enforcement purpose, including civil
16
immigration enforcement. "Nonjudicial warrant" includes an
17
immigration detainer or civil immigration warrant
as defined
18
in the Illinois TRUST Act
. "Nonjudicial warrant" does not
19
include a criminal warrant issued upon a judicial
20
determination of probable cause, in compliance with the
21
requirements of the Fourth Amendment to the United States
22
Constitution and Section 6 of Article I of the Illinois
23
Constitution.
24

"Prevailing party" includes any party:
25

(1) who obtains some of his or her requested relief
26

through a judicial judgment in his or her favor;

SB3117
- 14 -
LRB104 18865 RLC 32310 b
1

(2) who obtains some of his or her requested relief
2

through a settlement agreement approved by the court; or
3

(3) whose pursuit of a non-frivolous claim was a
4

catalyst for a unilateral change in position by the
5

opposing party relative to the relief sought.
6

"School" means every public school, school district, and
7
governing body, including a special charter district or
8
charter school, organized under this Code, and its agents,
9
including a contracted party.
10

(c) No child may be denied a free public education through
11
secondary school while in this State based on the child's
12
perceived or actual immigration status or the child's parent's
13
or guardian's perceived or actual citizenship or immigration
14
status.
15

(1) A school must not exclude a child from
16

participation in or deny a child the benefits of any
17

program or activity on the grounds of that child's
18

perceived or actual immigration status or the child's
19

parent's or guardian's actual or perceived citizenship or
20

immigration status.
21

(2) A school must not use policies or procedures or
22

engage in practices that have the effect of excluding a
23

child from participation in or denying the benefits of any
24

program or activity or the effect of excluding
25

participation of the child's parent or guardian from
26

parental engagement activities or programs because of the

SB3117
- 15 -
LRB104 18865 RLC 32310 b
1

child's perceived or actual immigration status or the
2

child's parent's or guardian's actual or perceived
3

immigration status. These policies, procedures, and
4

practices include:
5

(A) requesting or collecting information or
6

documentation from a student or the student's parent
7

or guardian about citizenship or immigration status
8

unless required by State or federal law; and
9

(B) designating immigration status, citizenship,
10

place of birth, nationality, or national origin as
11

directory information, as that term is defined by
12

federal and State law.
13

(3) A school must not perform any of the following
14

actions:
15

(A) Threaten to disclose anything related to the
16

actual or perceived citizenship or immigration status
17

of a child or a person associated with the child to any
18

other person or entity or an immigration or law
19

enforcement agency.
20

(B) Disclose anything related to the perceived
21

citizenship or immigration status of a child or a
22

person associated with the child to any other person
23

or entity or an immigration or law enforcement agency
24

if the school does not have direct knowledge of the
25

child's or associated person's actual citizenship or
26

immigration status, subject to the requirements of

SB3117
- 16 -
LRB104 18865 RLC 32310 b
1

this paragraph (3).
2

(C) Disclose anything related to the actual
3

citizenship or immigration status of a child or a
4

person associated with the child to any other person
5

or nongovernmental entity if the school has direct
6

knowledge of the child's or associated person's actual
7

citizenship or immigration status, subject to the
8

requirements of this paragraph (3).
9

Nothing in subparagraphs (B) and (C) of this paragraph
10

(3) may be construed to permit the disclosure of student
11

records or information without complying with State and
12

federal requirements governing the disclosure of such
13

records or information. Subparagraphs (B) and (C) of this
14

paragraph (3) may not be construed to prohibit or restrict
15

an entity from sending to or receiving from the United
16

States Department of Homeland Security or any other
17

federal, State, or local governmental entity information
18

regarding the citizenship or immigration status of an
19

individual under Sections 1373 and 1644 of Title 8 of the
20

United States Code.
21

(4) A school must develop procedures for reviewing and
22

authorizing requests from law enforcement agents
23

attempting to enter a school or school facility by July 1,
24

2026. The procedures must comply with the requirements of
25

paragraph (2) of this subsection (c), and, at a minimum,
26

include the following:

SB3117
- 17 -
LRB104 18865 RLC 32310 b
1

(A) procedures for reviewing and contacting a
2

designated authorized person at the school or school
3

facility and the district superintendent's office or
4

school administrative office, who may contact the
5

school's legal counsel, and procedures for that
6

authorized person or legal counsel to review requests
7

to enter a school or school facility, including
8

judicial warrants, nonjudicial warrants, and
9

subpoenas;
10

(B) procedures for monitoring or accompanying and
11

procedures for documenting all interactions with law
12

enforcement agents while on the school's premises; and
13

(C) procedures for notifying and seeking consent
14

from a student's parents or guardian or from the
15

student if the student is 18 years old or older or
16

emancipated if a law enforcement agent requests access
17

to a student for immigration enforcement purposes,
18

unless such access is in compliance with a judicial
19

warrant or subpoena that restricts the disclosure of
20

the information to the student's parent or guardian.
21

This paragraph (4) is subject to subsection (c) of
22

Section 22-88 of this Code.
23

(d) A school shall adopt a policy for complying with
24
paragraphs (1), (2), (3), and (4) of subsection (c) by July 1,
25
2026.
26

(e) Beginning July 1, 2026, any party aggrieved by conduct

SB3117
- 18 -
LRB104 18865 RLC 32310 b
1
that violates subsection (c) may bring a civil lawsuit. This
2
lawsuit must be brought no later than 2 years after the
3
violation of subsection (c). If the court finds that a willful
4
violation of paragraph (1), (2), or (3) of subsection (c) has
5
occurred, the court may award actual damages. The court, as it
6
deems appropriate, may grant, as relief, any permanent or
7
preliminary negative or mandatory injunction, temporary
8
restraining order, or other order.
9

(f) Nothing in this Section may be construed to require an
10
exhaustion of the administrative complaint process before
11
civil law remedies may be pursued.
12

(g) Upon a motion, a court shall award reasonable
13
attorney's fees and costs, including expert witness fees and
14
other litigation expenses, to a plaintiff who is a prevailing
15
party in any action brought under subsection (c). In awarding
16
reasonable attorney's fees, the court shall consider the
17
degree to which the relief obtained relates to the relief
18
sought.
19

(h) The General Assembly finds and declares that this
20
Section is a State law within the meaning of subsection (d) of
21
Section 1621 of Title 8 of the United States Code.
22
(Source: P.A. 104-288, eff. 1-1-26; revised 10-27-25.)

23

Section 50.
The Public Higher Education Act is amended by
24
changing Section 18 as follows:

SB3117
- 19 -
LRB104 18865 RLC 32310 b
1

(110 ILCS 167/18)
2

Sec. 18.
Immigration status and immigration enforcement.

3

(a) As used in this Section:
4

"Citizenship or immigration status" means all matters
5
regarding citizenship of the United States or any other
6
country or the authority or lack thereof to reside in or
7
otherwise to be present in the United States, including an
8
individual's nationality, country of citizenship, or status as
9
an international student.
10

"Employee" means a full-time or part-time faculty member,
11
staff member, executive leader, supervisor, clerical person,
12
student, or contracted member of personnel employed by a
13
school whose role involves direct, routine, or meaningful
14
interaction with students to support their academic progress,
15
personal development, or well-being.
16

"Law enforcement agent" means an agent of federal, State,
17
or local law enforcement authorized with the power to arrest
18
or detain individuals, or manage the custody of detained
19
individuals, for civil immigration enforcement. "Law
20
enforcement agent" does not include an agent of a school's
21
police department.
22

"Nonjudicial warrant" means a warrant issued by a federal,
23
State, or local governmental agency authorized with the power
24
to arrest or detain individuals or manage the custody of
25
detained individuals for any law enforcement purpose,
26
including civil immigration enforcement. "Nonjudicial warrant"

SB3117
- 20 -
LRB104 18865 RLC 32310 b
1
includes an immigration detainer or civil immigration warrant
2
as defined in the Illinois TRUST Act
. "Nonjudicial warrant"
3
does not include a criminal warrant issued upon a judicial
4
determination of probable cause, in compliance with the
5
requirements of the Fourth Amendment to the United States
6
Constitution and Section 6 of Article I of the Illinois
7
Constitution.
8

"Prevailing party" includes any party:
9

(1) who obtains some of his or her requested relief
10

through a judicial judgment in his or her favor;
11

(2) who obtains some of his or her requested relief
12

through a settlement agreement approved by a court; or
13

(3) whose pursuit of a nonfrivolous claim was a
14

catalyst for a unilateral change in position by the
15

opposing party relative to the relief sought.
16

"School" means a public institution of higher education as
17
defined in Section 5.
18

"School campus" or "school's campus" means:
19

(1) any building or property owned or controlled by a
20

school within the same reasonably contiguous geographic
21

area of the school and used by the school in direct support
22

of or in a manner related to the school's educational
23

purposes, including, but not limited to, residence halls;
24

and
25

(2) property within the same reasonably contiguous
26

geographic area of the school that is owned by the school

SB3117
- 21 -
LRB104 18865 RLC 32310 b
1

but controlled by another person, is used by students, and
2

supports school purposes, including, but not limited to, a
3

food or other retail vendor.
4

(b) Unless required by State or federal law or rule, a
5
school must not perform any of the following actions:
6

(1) Threaten to disclose the actual or perceived
7

citizenship or immigration status of an employee, a
8

student, or a person associated with an employee or
9

student to an external party, including immigration or law
10

enforcement agencies.
11

(2) Knowingly disclose, without the consent of the
12

employee or student, anything related to the perceived
13

citizenship or immigration status of an employee, a
14

student, or a person associated with an employee or
15

student to an external party, including immigration or law
16

enforcement agencies, if the school does not have direct
17

knowledge of the employee's, student's, or associated
18

person's actual citizenship or immigration status, subject
19

to the requirements of this subsection.
20

(3) Knowingly disclose, without the consent of the
21

employee or student, anything related to the actual
22

citizenship or immigration status of an employee, a
23

student, or a person associated with an employee or
24

student to any other person or nongovernmental entity if
25

the school has direct knowledge of the employee's,
26

student's, or associated person's actual citizenship or

SB3117
- 22 -
LRB104 18865 RLC 32310 b
1

immigration status, subject to the requirements of this
2

subsection.
3

(4) Designate immigration status, citizenship, place
4

of birth, nationality, or national origin as directory
5

information, as that term is defined by State and federal
6

law.
7

Nothing in this subsection may be construed to:
8

(A) prohibit a school from complying with all
9

applicable State and federal laws and rules, including,
10

but not limited to, 8 U.S.C. 214;
11

(B) prohibit or restrict a school from sending to or
12

receiving from the United States Department of Homeland
13

Security or any other federal, State, or local
14

governmental entity information regarding the citizenship
15

or immigration status of an individual under Sections 1373
16

and 1644 of Title 8 of the United States Code;
17

(C) permit the disclosure of personally identifiable
18

education records, as that term is defined by State or
19

federal law, or information from those records without
20

complying with State and federal laws and rules governing
21

the disclosure of such records or information;
22

(D) prohibit schools from complying with valid
23

judicial warrants, orders, or subpoenas; or
24

(E) prohibit or restrict a school from disclosing
25

information necessary to respond to an administrative
26

complaint or litigation brought against or by the school.

SB3117
- 23 -
LRB104 18865 RLC 32310 b
1

(c) A school must develop procedures for reviewing and
2
authorizing requests from law enforcement agents attempting to
3
enter a school's campus by January 1, 2026. The procedures
4
must, at a minimum, include the following:
5

(1) procedures for reviewing and contacting a
6

designated authorized person, office, or department at the
7

school or school facility, which person, office, or
8

department may contact the school's legal counsel, and
9

procedures for that authorized person, office, or
10

department or legal counsel to review requests to enter a
11

school's campus, including judicial warrants or orders,
12

nonjudicial warrants, and subpoenas;
13

(2) procedures for documenting all interactions with
14

law enforcement agents while on the school's campus; and
15

(3) procedures for notifying and seeking consent from
16

an employee or student if a law enforcement agent requests
17

access to the employee or student for immigration
18

enforcement purposes, unless such consent is prohibited by
19

a judicial warrant or subpoena.
20

(d) A school must provide information on its website about
21
who employees and students should contact if a law enforcement
22
agent seeks to enter the school campus, enters the school
23
campus, or engages in nonconsensual interactions with members
24
of the school community, including employees or students, by
25
January 1, 2026.
26

(e) A school shall submit to either the Illinois Community

SB3117
- 24 -
LRB104 18865 RLC 32310 b
1
College Board or the Illinois Board of Higher Education, as
2
applicable, a copy of the procedures developed to implement
3
subsections (b) and (c). The Illinois Community College Board
4
and the Illinois Board of Higher Education shall submit to the
5
General Assembly a report compiling the procedures received
6
from each school under this subsection (e) by July 1, 2026.
7

(f) The General Assembly finds and declares that this
8
Section is a State law within the meaning of subsection (d) of
9
Section 1621 of Title 8 of the United States Code.
10

(g) By January 1, 2026, a school shall provide immigration
11
enforcement resources on its website to help students and
12
employees understand their constitutional rights and access
13
immigration-related guidance. These resources may include, but
14
are not limited to, a link to illinoisimmigrationinfo.org.
15
This information shall be posted in a clear and easily
16
accessible location on the school's primary website.
17

(h) For the purposes of this subsection, "immigration
18
enforcement activity" includes any arrests or detentions
19
conducted by agents or officers of the United States
20
Department of Homeland Security, United States Immigration and
21
Customs Enforcement, or United States Customs and Border
22
Protection or any other individual or entity with the power to
23
arrest or detain individuals or manage custody of detained
24
individuals for the purposes of civil immigration enforcement.
25

By January 1, 2026, a school shall adopt procedures
26
designed to:

SB3117
- 25 -
LRB104 18865 RLC 32310 b
1

(1) determine if an immigration enforcement activity
2

is occurring or has occurred on the school's campus,
3

including verification of the first and last name,
4

employer or agency, and badge number of the lead law
5

enforcement agent, if possible; and
6

(2) notify the appropriate school-campus unit or area
7

if the school confirms that immigration enforcement
8

activity is occurring or has occurred on the school's
9

campus that, in the judgment of school law enforcement or
10

the school's public safety office, could adversely impact
11

school-campus safety or operations.
12

(i) A school may not impede students or employees from
13
offering, attending, or participating in training on
14
constitutional rights and immigration-related guidance,
15
including, but not limited to, attending know-your-rights
16
training or sharing know-your-rights flyers.
17

(j) Beginning January 1, 2026, any party aggrieved by
18
conduct that violates subsection (b) may bring a civil
19
lawsuit. This lawsuit must be brought no later than 2 years
20
after the violation of subsection (b) or 2 years from the date
21
the aggrieved party becomes aware of the violation of
22
subsection (b), whichever is later. If the court finds that a
23
willful violation of subsection (b) has occurred, the court
24
may award actual damages. The court, as it deems appropriate,
25
may grant, as relief, a permanent or preliminary negative or
26
mandatory injunction, temporary restraining order, or other

SB3117
- 26 -
LRB104 18865 RLC 32310 b
1
order.
2

(k) Nothing in this Section may be construed to require an
3
exhaustion of the administrative complaint process before
4
civil law remedies may be pursued.
5

(l) Upon a motion, a court shall award reasonable
6
attorney's fees and costs, including expert witness fees and
7
other litigation expenses, to a plaintiff who is a prevailing
8
party in any action brought under subsection (i). In awarding
9
reasonable attorney's fees, the court shall consider the
10
degree to which the relief obtained relates to the relief
11
sought.
12
(Source: P.A. 104-440, eff. 12-9-25.)

13

Section 55.
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
24
documents as described in Section 6-110.2 to any immigration

SB3117
- 27 -
LRB104 18865 RLC 32310 b
1
agent
as defined in Section 10 of the Illinois TRUST Act,

2
unless necessary to comply with the following, to the extent
3
that production of such information or documents is
4
specifically required:
5

(1) a lawful court order;
6

(2) a judicial warrant signed by a judge appointed
7

pursuant to Article III of the Constitution of the United
8

States; or
9

(3) a subpoena for individual records issued by a
10

federal or State court.
11

When responding to such a court order, warrant, or
12
subpoena, the Secretary shall disclose only those documents or
13
information specifically requested. Within 3 business days of
14
receiving such a court order, warrant, or subpoena, the
15
Secretary shall send a notification to the individual about
16
whom such information was requested that a court order,
17
warrant, or subpoena was received and the identity of the
18
entity that presented the court order, warrant, or subpoena.
19

As used in this subsection, "immigration agent" means an
20
agent of the U.S. Immigration and Customs Enforcement, the
21
U.S. Customs and Border Protection, or any similar or
22
successor agency.

23

(b) The Secretary shall not enter into or maintain any
24
agreement regarding the sharing of any highly restricted
25
personal information as defined in Section 1-125.9, personally
26
identifying information as defined in Section 1-159.2, images

SB3117
- 28 -
LRB104 18865 RLC 32310 b
1
or photos described in Section 6-110.1, or documents described
2
in Section 6-110.2 unless all other parties to such agreement
3
certify that the information obtained will not be used for
4
civil immigration purposes or knowingly disseminated to any
5
third party for any purpose related to civil immigration
6
enforcement.
7
(Source: P.A. 103-210, eff. 7-1-24
.)

8

Section 99.
Effective date.
This Act takes effect upon
9
becoming law.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn