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HB 2436

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2025 Regular Session Introduced by Mike Webert

In very large counties, the public defender may represent noncitizens in immigration cases within the county and, for county residents, in out-of-county matters with county board c

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Bill Summary · HB 2436

HB 2436 — PUBLIC DEFENDER (Public Act 104-0225)

Status: Enacted (Public Act 104-0225) — Governor approved August 15, 2025; effective August 15, 2025.
Introduced: February 5, 2025. Sponsor: Rep. Jennifer Gong-Gershowitz. Companion: SB 1637.

Purpose / Intent

Amend Section 3-4006 of the Counties Code to clarify and limit the geographic scope in which a county public defender (in very large counties) may provide immigration representation to noncitizens. The amendment primarily affects counties with population over 3,000,000 (i.e., Cook County).

Key provisions

  • Continues existing duties of the public defender (criminal defense, juvenile appointments, access/representation of minors under age 15 during custodial interrogation in counties with full‑time public defender offices, etc.).
  • In counties with population over 3,000,000, the public defender, with concurrence of the county board, may act as attorney (without fee or appointment) for noncitizens in immigration proceedings.
  • Limits the scope of that immigration representation to:
    • immigration cases arising or being heard in immigration courts located within the geographical boundaries of the county where the public defender is appointed; and
    • immigration cases of county residents that are being heard outside the county — i.e., the public defender may represent county residents in immigration matters even if the hearing is outside the county.
  • The county board may authorize the public defender to provide representation beyond those geographic limits (i.e., further outside the county) if it chooses.

Who is affected

  • Public defender offices in very large counties (population >3,000,000) — principally Cook County.
  • County boards (must concur for public defender to take immigration cases and may authorize broader geographic representation).
  • Noncitizens who are defendants or respondents in immigration proceedings that (a) are in immigration courts within the county or (b) are county residents whose cases are outside the county.
  • County budgets and public defender workloads — potential increases in caseload and resource needs if offices take on immigration matters.

Procedural / timeline highlights

  • Introduced Feb 5, 2025; passed both houses (May 30, 2025); sent to Governor June 24, 2025; approved Aug 15, 2025.
  • Effective date: August 15, 2025 (Public Act 104-0225).

Practical implications

  • The amendment clarifies that county public defender offices in very large counties may represent noncitizens both in local immigration courts and, for county residents, in immigration matters heard outside the county — without needing additional county board authorization for those resident cases. Expanding representation in this way could broaden access to representation for county residents in immigration proceedings but may require added resources and county board approval to initiate or expand such services.

Compiled from official sources — confirm details with the bill’s official record.

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