Bill
SB 1202
SB 1202 requires Illinois state and local governments and law enforcement to cooperate with federal immigration enforcement, preempt sanctuary policies, and house detainees with IC
Status & Sponsor
- Bill: SB 1202 ("Immigration Enforcement Act")
- Introduced: January 24, 2025 (sponsor: Sen. Andrew S. Chesney)
- Companion bill: HB 2304
- Synopsis (as introduced): creates the Immigration Enforcement Act; effective immediately (per synopsis)
Purpose
- To require state and local governments and law enforcement in Illinois to cooperate with federal immigration enforcement and to prohibit local “sanctuary” policies that would limit such cooperation. The bill also establishes mandatory duties for law enforcement relating to immigration detainers and requires detention‑housing agreements with federal immigration authorities.
Key provisions
- Broad prohibition on restrictive local/state policies: A State entity, local entity (including units of local government, school districts, community college districts), or law enforcement agency may not adopt or maintain any law, ordinance, rule, policy, directive, order, practice, or procedure — formal or informal, written or unwritten — that “prohibits or materially restricts” that entity from complying with or assisting in enforcement of federal immigration laws.
- Enumerated activities that cannot be restricted include (examples):
- Inquiry into a person’s immigration status;
- Transmitting, requesting, receiving, storing, or exchanging immigration‑status information;
- Complying with immigration detainers or notifying federal agencies prior to inmate release;
- Providing incarceration status/release dates to federal agencies;
- Assisting federal immigration enforcement or participating in programs authorized under 8 U.S.C. §1357 (e.g., 287(g));
- Allowing federal immigration officers to enter and conduct enforcement activity in jails, DOC facilities, or rehabilitation facilities.
- Mandatory detainer duties for law enforcement:
- When an agency initially takes custody of a person subject to an immigration detainer it must (1) notify the court that can decide bail/release, (2) record in the case file that a detainer exists, and (3) if the detainer is “facially sufficient,” comply with its requests to the extent required by law.
- The bill defines when a federal detainer is “facially sufficient” (e.g., federal form indicating probable cause, or accompanied by warrants, affidavits, or other documentation).
- Mandatory agreements for housing detainees:
- Each county jail, municipal jail, and the Illinois Department of Corrections must enter agreements with federal immigration agencies (e.g., ICE) for temporary housing of persons subject to immigration detainers and for payment of housing/detention costs. Agreements may include intergovernmental service contracts authorized under federal law.
- Implementation and limits:
- Requires implementation consistent with federal immigration and anti‑discrimination laws and protection of civil rights.
- Declares regulation of immigration enforcement an exclusive state power (limits home‑rule authority).
- Other changes:
- Repeals the Illinois TRUST Act (which previously limited local cooperation with ICE) and makes corresponding amendments to the Illinois Identification Card Act and the Illinois Vehicle Code.
Who is affected
- State agencies and universities, counties, municipalities, school districts, community colleges, and law enforcement agencies across Illinois.
- County and municipal jails and the Illinois Department of Corrections (must contract for federal detainee housing).
- Noncitizen residents and detainees (potentially increased federal enforcement and information sharing).
- Local governments with existing sanctuary or restricted‑cooperation policies (their policies would be preempted).
Potential impacts and issues
- Operational and fiscal: local jails and DOC required to enter housing agreements with federal agencies; contracts may shift housing costs but could create administrative and capacity issues.
- Legal and civil‑rights concerns: tension between mandatory cooperation and constitutional / civil‑rights protections; the bill requires compliance “to the extent required by law” and requires implementation consistent with federal law, but may still prompt litigation over warrants, probable cause standards, and due process.
- Policy shift: repeal of the TRUST Act removes statutory protections that previously limited local‑federal cooperation; the bill centralizes immigration enforcement policy at the state level.
Procedural notes
- As introduced Jan. 24, 2025 (Sen. Chesney). Readers should consult the bill’s enrolled or enacted text and the legislative history for amendments, committee actions, fiscal notes, and the bill’s final status.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
