Illinois Senate Passes 'Sanctuary State' Proposal

CHICAGO, IL — The Illinois Senate passed a bill aimed at encouraging cooperation between undocumented immigrants and state law enforcement agencies while discouraging unwarranted cooperation between federal immigration. The Trust Act, sponsored by Senate President John Cullerton (D-Chicago), passed 31-21 Thursday and will be taken up by the House this week.

“If someone is going to be detained in Illinois it should be because an actual crime has occurred, not because of how they look, what they believe or what paperwork they may or may not have,” said Cullerton.

The Senate proposal, SB31, would ban the detention of immigrants in local jails by federal authorities without criminal warrants, stop federal agents from arresting people inside state-funded school or health care facilities, and bar any local participating in a federal immigrant or religious registry. The bill would also strengthen legal protections for immigrant victims of crimes.

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“This can be a life or death situation for many of our clients,” said Neusa Gaytan, interim director of the Chicago-based Mujeres Latinas en Accion. She said the bill offers peace of mind to immigrant survivors, “particularly for those who are victims of domestic violence and sexual assault.”

The bill would set up deadlines for law enforcement to fill out certification forms when requested by immigrant victims of violent crimes who cooperate with police. Victims need the forms to apply for certain (U and T) visas.

Approval rates for such in the Chicago area visas can vary between counties. Kane County approved 81 percent, 57 of 70. Cook County approved 332 of 422 requests it received, 76 percent. Lake County approved just 26 of 43 U-visa certification requests for around 60 percent. McHenry County approved 7 of 13 requests, just over half, according to 2015 records collected by WBEZ.

Cullerton said passage of the bill sends the message “that our immigrant neighbors are in fact part of our community” and will hopefully “enhance interaction between the immigrant community and state and local police to improve safety and the quality of life for all Illinoisans.”

The executive director of the National Immigrant Justice Center, Mary Meg McCarthy said “all of our communities are safer” when immigrants do not fear deportation if they interact with police.

Those fears have grown under the Trump administration, creating a "chilling effect" keeping undocumented people from reporting crimes and testifying in court, immigrant rights activists and Cook County State's Attorney Kim Foxx argued.

“In these uncertain times, we should do everything we can to assure people that we want them to feel welcome and safe in their surroundings and secure in going to the police when they have information about criminal activity,” said Senate co-sponsor and gubernatorial candidate Daniel Biss (D-Evanston). Evanston has been a sanctuary city since 2008. “We want our local police to do what they do best – to be our local police, not federal agents,” Biss said.

Currently, California, Colorado, Connecticut, New Mexico and Rhode Island have restrictions on cooperation between local law enforcement and federal immigration agencies, according to data released by U.S. Immigration and Customs Enforcement.

New York and Maryland are currently considering similar state-level changes. Such laws do not stop state and local cops from serving valid criminal warrants, supporters of the Illinois proposal said.

Opponents of the bill argued sometimes national security exigencies require detention without a warrant for short periods of time and there are other reasons to intervene other than a criminal investigation, according to the AP.

During the debate over the bill, former law enforcement Sen. Tim Bivins (R-Dixon) described the proposal as a “law to tell law enforcement not to enforce the law,” according to the Chicago Tribune.

Earlier this year, the Department of Human Services estimated the fiscal impact of the House version of the bill at $5 million, based on the current $1.9 million it spends helping immigrants navigate state benefits with the Immigrant Family Resource Program. The department is responsible for multi-lingual health care, education and training and said the cost could rise beyond its initial projection.

"The Sheriffs take an oath of office to uphold the laws of the state and federal government as well as the Constitution and that is exactly what they will do. No statute will keep Sheriffs from cooperating with their fellow law enforcement partners at any level if it jeopardizes the public safety of our communities,” Illinois Sheriff's Association President Doug Mair, of White County said in a statement.

Related: Immigration 'Safe Zones' Bill Headed For Vote

The bill now heads to the House, where it has been sponsored by Rep. Chris Welch (D-Chicago) and Rep. Sam Yingling (D-Grayslake). The Campaign for a Welcoming Illinois, a coalition of groups supporting for the bill, said it intends to hold events throughout the coming weeks to lobby House members for the bill’s passage.

“Support for the Trust Act continues to build. Our members and allies are doing amazing work educating legislators and other stakeholders about the importance of the Trust Act,” said. Lawrence Benito, chief executive officer of Illinois Coalition for Immigrant and Refugee Rights. He said the bill’s supporters hope to have a copy on Gov. Rauner’s desk by the end of the month.

The governor's office has yet to signal whether Rauner would veto the bill, saying only that he "believes in comprehensive immigration reform."

Read More:

• Trump Can't Punish Chicago, Other 'Sanctuary Cities' By Cutting Federal Funds: Judge
• Illinois Congressman: I Was Handcuffed For Refusing To Leave Chicago ICE Headquarters
• DHS 'Detainer Report' Highlights Denied Requests, 'Uncooperative' Jurisdictions

Top Photo: U.S. Immigration and Customs Enforcement (ICE) agents in Los Angeles, California, on Feb. 7 | Courtesy ICE