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SB 3349

REPEAL ILLINOIS TRUST ACT

104th Regular Session Introduced by Terri Bryant

Repeals the TRUST Act and tightens protections on immigration-related data, restricting campus and ID information sharing and enforcement without warrants or orders.

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Bill Summary · SB 3349

Summary of SB 3349 (104th Illinois General Assembly)

Purpose and intent

  • Repeals the Illinois TRUST Act and makes corresponding changes to several other Illinois statutes (Identification Card Act, School Code, Public Higher Education Act, and the Vehicle Code).
  • The bill emphasizes limiting disclosure of immigration-related information and restricting immigration enforcement activity in schools and higher education settings. It is effective immediately upon passage.

Key provisions and changes

  • Repeal of the Illinois TRUST Act

    • Section 5 repeals the Illinois TRUST Act.
    • Changes elsewhere in statute are designed to align with the repeal, including restrictions on sharing immigration-related information and limiting cooperation with immigration enforcement.

  • Illinois Identification Card Act (Section 11 amendments)

    • Maintains confidentiality of sensitive application data (identity, SSN status, signatures, residency, citizenship/immigration details) and sets strict access rules.
    • Disclosure of medical information remains restricted; certain officials or entities may access information for identification or fraud investigation purposes.
    • Prohibits facial recognition searches or photo sharing with law enforcement for immigration enforcement purposes, with limited exceptions for criminal activity not involving immigration status.
    • Specifies conditions under which social security numbers and related data may be disclosed (e.g., court orders, certain intergovernmental verifications, or minimal last-4 disclosures for voter registration), with liability limits for the Secretary of State’s Office when disclosed for official purposes.

  • School Code (Section 222-105)

    • Prohibits denying a free public education to a child based on immigration status and restricts schools from practices that may deter enrollment or participation due to immigration concerns.
    • Prohibits policies that collect or designate immigration status as directory information; restricts disclosure of immigration status without proper authority; limits sharing with immigration or law enforcement agencies absent lawful basis or court order.
    • Requires schools to develop procedures by July 1, 2026 for reviewing law enforcement presence on campuses (including warrants and subpoenas), monitoring interactions on campus, and obtaining consent prior to access when possible.
    • Requires schools to post information on who to contact if immigration enforcement activities occur on campus by January 1, 2026.
    • Requires reporting of implemented procedures by July 1, 2026 to state higher education boards, which will compile and report to the General Assembly.
    • By January 1, 2026, schools must provide immigration enforcement resources on their websites, including rights guidance (with links such as illinoisimmigrationinfo.org). Schools must have procedures to identify and respond to immigration enforcement activity on campus and notify appropriate campus units if safety or operations could be affected.
    • Civil remedies: Beginning January 1, 2026, aggrieved parties may file civil lawsuits for violations of these subsections, with a 2-year statute of limitations. Willful violations may yield actual damages and injunctive relief. Prevailing parties may recover attorney’s fees.

  • Public Higher Education Act (Section 18)

    • Extends similar protections to students and employees at public colleges and universities.
    • Defines terms such as “immigration status,” “law enforcement agent,” “nonjudicial warrant,” and “prevailing party.”
    • Prohibits intimidation or disclosure of immigration status; prohibits designating immigration information as directory information; restricts disclosure of status information without proper consent or legal authorization, while allowing compliance with warrants or subpoenas.
    • Requires campuses to establish procedures for reviewing law-enforcement entry requests, documenting interactions, and notifying individuals when access is sought for immigration enforcement.
    • Requires campus websites to provide rights guidance and resources by January 1, 2026, including steps to identify immigration enforcement on campus and notify campus authorities.

  • Illinois Vehicle Code (Section 6-110.3)

    • Mirrors restrictions on sharing highly restricted or personally identifying information with immigration agents. Requires court orders, warrants, or subpoenas for disclosure, with timely notification to the individual and disclosure limited to requested information.

Who and what is affected

  • Individuals: Students, employees, and dependents in public K-12 and higher education settings; also individuals applying for or holding Illinois identification cards.
  • Educational institutions: All public schools, school districts, charter schools, and public colleges/universities; campus facilities and affiliated entities.
  • Government agencies: Secretary of State, State agencies handling ID cards, law enforcement, and higher education boards (IBHE and ICCB) in implementing procedures and reporting.
  • Immigration enforcement interactions: The bill sets tighter controls on when and how immigration-related information and access can occur on school and campus properties.

Procedural and timeline aspects

  • Immediate effect for repeal language and certain provisions.
  • By January 1, 2026:
    • Schools and campuses must post guidance on immigration enforcement rights and contact points.
    • Public higher education and community college boards must receive and the boards to report procedures from institutions.
    • Institutions must develop and publish procedures for handling law enforcement entry requests, campus interactions, and family/student consent processes.
    • Civil remedies for violations (and fee-shifting for prevailing parties) become available.
  • By July 1, 2026:
    • School districts must provide a compiled report of adopted procedures to the General Assembly (via the state boards).
  • Ongoing: Provisions require adherence to constitutional protections and compliance with court orders, warrants, and subpoenas; limitations on sharing immigration information, and restrictions on immigration enforcement activities on campus unless legally compelled.

Note

  • The bill is titled to repeal the Illinois TRUST Act and aligns multiple statutes to emphasize privacy and civil rights protections on campuses and in identification records, while still allowing lawful enforcement through court orders and other formal processes.

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

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