UNLAWFUL RESTRAINT-CIVIL IMMIG

Illinois General Assembly - Full Text of SB3458

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3458

Introduced 2/5/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

720 ILCS 5/10-3.2 new

Amends the Criminal Code of 2012. Creates the offense of unlawful
restraint for civil immigration enforcement. Provides that a person
commits the offense when he or she knowingly and without express legal
authority from an immigration agent: (1) detains another for the purpose
of civil immigration enforcement; (2) by force or threat of imminent force
transfers another person from one place to another with the intent to
detain the other person for civil immigration enforcement; (3) by deceit
or enticement induces another person to transfer from one place to another
with intent to detain the other person for civil immigration enforcement;
or (4) uses a deadly weapon while detaining or transferring another person
from one place to another with the intent to detain the other person for
civil immigration enforcement. Provides that a violation does not apply to
an immigration agent. Provides that a violation is a Class 4 felony unless
a deadly weapon is used while detaining or transferring another person
from one place to another with the intent to detain the other person for
civil immigration enforcement, in which case the violation is a Class 3
felony.
LRB104 19291 RLC 32737 b

A BILL FOR

SB3458
LRB104 19291 RLC 32737 b
1

AN ACT concerning criminal law.

2

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

4

Section 5.
The Criminal Code of 2012 is amended by adding
5
Section 10-3.2 as follows:

6

(720 ILCS 5/10-3.2 new)
7

Sec. 10-3.2.
Unlawful restraint for civil immigration
8
enforcement.
9

(a) In this Section:
10

"Civil immigration enforcement" means the execution or
11

attempted execution of any non-criminal arrests or
12

detentions ordered or authorized by an immigration agent.
13

"Civil immigration enforcement" does not include actions
14

related to the enforcement of federal criminal charges, or
15

the execution or attempted execution of a federal criminal
16

warrant.
17

"Express legal authority" means clear oral or written
18

instructions from an immigration agent granting an
19

individual employed or otherwise acting on behalf of an
20

immigration agency the authorization to detain or transfer
21

a specific individual.
22

"Immigration agent" means an agent of federal
23

Immigration and Customs Enforcement, federal Customs and

SB3458
- 2 -
LRB104 19291 RLC 32737 b
1

Border Protection, or any similar or successor agency, or
2

any other individual with the power to arrest or detain
3

individuals or manage custody of detained individuals for
4

purposes of civil immigration enforcement while acting in
5

that capacity or conducting investigations or enforcement
6

pursuant to that power.

7

(b) A person commits unlawful restraint for civil
8
immigration enforcement when he or she knowingly and without
9
express legal authority from an immigration agent:
10

(1) detains another for the purpose of civil
11

immigration enforcement;
12

(2) by force or threat of imminent force transfers
13

another person from one place to another with the intent
14

to detain the other person for civil immigration
15

enforcement;
16

(3) by deceit or enticement induces another person to
17

transfer from one place to another with intent to detain
18

the other person for civil immigration enforcement; or
19

(4) uses a deadly weapon while detaining or
20

transferring another person from one place to another with
21

the intent to detain the other person for civil
22

immigration enforcement.

23

(c) This Section does not apply to any immigration agent.

24

(d) Sentence. A violation of paragraph (1), (2), or (3) of
25
subsection (b) is a Class 4 felony. A violation of paragraph
26
(4) of subsection (b) is a Class 3 felony.

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