Attorney General Kwame Raoul has issued updated guidance for law enforcement agencies in Illinois, focusing on the state's laws regarding immigration enforcement. The guidance is aimed at clarifying the role of state, county, and local law enforcement in relation to federal immigration laws.
The updated guidance outlines provisions from the Illinois TRUST Act and the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. These acts are designed to foster trust between immigrant communities and police by prohibiting local law enforcement from engaging in federal civil immigration enforcement. They also establish procedures to aid immigrants who have been victims of violent crimes or human trafficking.
“Civil immigration enforcement is the responsibility of the federal government," Raoul stated. "State law does not grant local law enforcement the authority to enforce federal civil immigration laws. This includes participating, supporting or assisting in any capacity with federal immigration enforcement operations unless federal agents have a criminal warrant or federal law specifically requires it."
Raoul emphasized that these guidelines remind agencies of their responsibilities under state law while ensuring that such laws do not hinder criminal investigations. “Both laws are meant to enhance public safety and trust in law enforcement by assuring that witnesses and victims of crimes can cooperate with local law enforcement without fearing deportation,” he added.
In 2021, the Illinois General Assembly expanded protections under both acts through additional legislation known as the Way Forward Act. The Attorney General’s guidance now addresses obligations under all three laws, aiming to clarify restrictions on participation in federal immigration activities by state and local authorities.
Illinois law generally prohibits its law enforcement from aiding in immigration operations. This includes entering agreements with immigration authorities, complying with detainers without a criminal warrant, transferring individuals into custody for civil purposes, or granting access to facilities for investigative purposes.
Specific recommendations were provided for compliance with these state laws. Under the TRUST Act, officials cannot arrest or detain individuals based solely on their immigration status nor provide facilities or equipment for civil investigations conducted by federal agents.
The Way Forward Act grants Raoul's office authority to investigate and enforce compliance with these acts. It also mandates annual reporting from agencies about responses to detainer requests or warrants received.
Further details about these reports are available on the Attorney General’s website.