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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3131

Introduced 2/2/2026, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

5 ILCS 805/15

Amends the Illinois TRUST Act. Provides that certain limitations
under the Act regarding actions that may be taken by law enforcement
agencies and officials do not apply with respect to an individual who is
not a citizen of the United States and who has been charged or convicted of
a criminal offense under Illinois law. Directs a law enforcement agency or
official to immediately notify an immigration agent whenever it has in its
custody such an individual. Effective immediately.
LRB104 18680 BDA 32123 b

A BILL FOR

SB3131
LRB104 18680 BDA 32123 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) (Blank).
19

(d) A law enforcement agency or law enforcement official
20
acting in good faith in compliance with this Section who
21
releases a person subject to an immigration detainer or civil
22
immigration warrant shall have immunity from any civil or
23
criminal liability that might otherwise occur as a result of

SB3131
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LRB104 18680 BDA 32123 b
1
making the release, with the exception of willful or wanton
2
misconduct.
3

(e) A law enforcement agency or law enforcement official
4
may not inquire about or investigate the citizenship or
5
immigration status or place of birth of any individual in the
6
agency or official's custody or who has otherwise been stopped
7
or detained by the agency or official. Nothing in this
8
subsection shall be construed to limit the ability of a law
9
enforcement agency or law enforcement official, pursuant to
10
State or federal law, to notify a person in the law enforcement
11
agency's custody about that person's right to communicate with
12
consular officers from that person's country of nationality,
13
or facilitate such communication, in accordance with the
14
Vienna Convention on Consular Relations or other bilateral
15
agreements. Nothing in this subsection shall be construed to
16
limit the ability of a law enforcement agency or law
17
enforcement official to request evidence of citizenship or
18
immigration status pursuant to the Firearm Owners
19
Identification Card Act, the Firearm Concealed Carry Act,
20
Article 24 of the Criminal Code of 2012, or 18 United States
21
Code Sections 921 through 931.
22

(f) Unless otherwise limited by federal law, a law
23
enforcement agency or law enforcement official may not deny
24
services, benefits, privileges, or opportunities to an
25
individual in custody or under probation status, including,
26
but not limited to, eligibility for or placement in a lower

SB3131
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LRB104 18680 BDA 32123 b
1
custody classification, educational, rehabilitative, or
2
diversionary programs, on the basis of the individual's
3
citizenship or immigration status, the issuance of an
4
immigration detainer or civil immigration warrant against the
5
individual, or the individual being in immigration removal
6
proceedings.
7

(g)(1) No law enforcement agency, law enforcement
8
official, or any unit of State or local government may enter
9
into or renew any contract, intergovernmental service
10
agreement, or any other agreement to house or detain
11
individuals for federal civil immigration violations.
12

(2) Any law enforcement agency, law enforcement official,
13
or unit of State or local government with an existing
14
contract, intergovernmental agreement, or other agreement,
15
whether in whole or in part, that is utilized to house or
16
detain individuals for civil immigration violations shall
17
exercise the termination provision in the agreement as applied
18
to housing or detaining individuals for civil immigration
19
violations no later than January 1, 2022.
20

(h) Unless presented with a federal criminal warrant, or
21
otherwise required by federal law, a law enforcement agency or
22
official may not:
23

(1) participate, support, or assist in any capacity
24

with an immigration agent's enforcement operations,
25

including any collateral assistance such as coordinating
26

an arrest in a courthouse or other public facility,

SB3131
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LRB104 18680 BDA 32123 b
1

providing use of any equipment, transporting any
2

individuals, or establishing a security or traffic
3

perimeter surrounding such operations, or any other
4

on-site support;
5

(2) give any immigration agent access, including by
6

telephone, to any individual who is in that agency's
7

custody;
8

(3) transfer any person into an immigration agent's
9

custody;
10

(4) permit immigration agents use of agency facilities
11

or equipment, including any agency electronic databases
12

not available to the public, for investigative interviews
13

or other investigative or immigration enforcement purpose;
14

(5) enter into or maintain any agreement regarding
15

direct access to any electronic database or other
16

data-sharing platform maintained by any law enforcement
17

agency, or otherwise provide such direct access to the
18

U.S. Immigration and Customs Enforcement, United States
19

Customs and Border Protection or any other federal entity
20

enforcing civil immigration violations;
21

(6) provide information in response to any immigration
22

agent's inquiry or request for information regarding any
23

individual in the agency's custody; or
24

(7) provide to any immigration agent information not
25

otherwise available to the public relating to an
26

individual's release or contact information, or otherwise

SB3131
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LRB104 18680 BDA 32123 b
1

facilitate for an immigration agent to apprehend or
2

question an individual for immigration enforcement.
3

(i) Nothing in this Section shall preclude a law
4
enforcement official from otherwise executing that official's
5
duties in investigating violations of criminal law and
6
cooperating in such investigations with federal and other law
7
enforcement agencies (including criminal investigations
8
conducted by federal Homeland Security Investigations (HSI))
9
in order to ensure public safety.
10

(j) Notwithstanding any other provision of this Section, a
11
law enforcement agency or official may take any action
12
described in this Section with respect to an individual who is
13
not a citizen of the United States and who has been charged or
14
convicted of a criminal offense under Illinois law. A law
15
enforcement agency or official shall immediately notify an
16
immigration agent whenever it has in its custody such an
17
individual.

18
(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)

19

Section 99.
Effective date.
This Act takes effect upon
20
becoming law.

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