SB 1313 — TRUST ACT — Noncitizen Detainee (Summary)
Status / basic info
- Bill number: SB 1313
- Short title: TRUST ACT — NONCITIZEN DETAINEE
- Statutory target: Amends Illinois statute 5 ILCS 805/15 (the Illinois TRUST Act)
- Sponsor (introduced): Sen. Neil Anderson (file header); user metadata notes introduced Feb 14, 2025 and added co‑sponsor Sen. Darby A. Hills
- Stage: Introduced; co‑sponsors added (per provided metadata)
- Effective date if enacted: “This Act takes effect upon becoming law” (i.e., immediately upon enactment)
Purpose / intent
- To narrow parts of the Illinois TRUST Act’s prohibitions on local cooperation with federal civil immigration enforcement so that those prohibitions do not apply to non‑U.S. citizens who have been charged with or convicted of a criminal offense under Illinois law. The bill also requires local law enforcement to notify an immigration agent when such an individual is in custody.
Key provisions / what the bill changes
- Amends Section 15 of the TRUST Act (5 ILCS 805/15), which currently:
- Prohibits local law enforcement from detaining someone solely on the basis of an immigration detainer/civil immigration warrant;
- Restricts stops/arrests/searches based on immigration status or citizenship;
- Prohibits providing access to facilities, databases, transfer of custody, or other assistance to immigration agents in most circumstances;
- Includes immunity for agencies/officials acting in good faith when releasing persons subject to detainers (except for willful/wanton misconduct).
- New carve‑out (new subsection (j)): “Notwithstanding any other provision of this Section,” the limitations described in Section 15 do not apply to any individual who:
- Is not a citizen of the United States, and
- Has been charged with or convicted of a criminal offense under Illinois law.
- Operational requirement: A law enforcement agency or official must immediately notify an immigration agent whenever such a noncitizen charged or convicted of a state criminal offense is in custody.
Who is affected
- Non‑U.S. citizens (broadly defined by the bill language as any person who is not a U.S. citizen)—including lawful permanent residents and other noncitizen categories—who have been charged with or convicted of a crime under Illinois law.
- Local and state law enforcement agencies and officials in Illinois, who would be required to notify federal immigration agents and — for these individuals — may cooperate or take actions previously limited by the TRUST Act.
- Federal immigration authorities (e.g., ICE) — likely increased notifications and potential transfers for the carved‑out population.
- Community members and immigrant advocacy groups: the change narrows TRUST Act protections and could affect community policing relationships and access to local services for noncitizens.
Practical and legal effects
- Restores (for charged/convicted noncitizens) the ability of local agencies to respond to immigration detainers, share information, transfer custody, or otherwise cooperate with federal civil immigration enforcement to the extent previously limited by the TRUST Act.
- Leaves in place other TRUST Act protections for persons who are citizens or noncitizens who have not been charged/convicted under state law.
- The immunity provision for good‑faith releases remains in the Act (except for willful/wanton misconduct).
- Potential for legal or policy debate around public‑safety benefits versus community trust and civil‑rights implications; could prompt administrative policy updates at local law enforcement agencies.
Procedural / timeline notes
- The bill text indicates it takes effect immediately upon becoming law. As provided, the bill is at the introduced/co‑sponsor stage; additional legislative actions (committee referral, votes, or enactment) would determine final status.
