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New law will effectively end immigrant detention in Illinois

Gov. J.B. Pritzker signed a bill on Monday, August 2 that makes Illinois the second state in the nation to require local officials to end partnerships with ICE.
Credit: AP
FILE - In this March 6, 2015, file photo, U.S. Immigration and Customs Enforcement agents enter an apartment complex looking for a specific undocumented immigrant convicted of a felony during an early morning operation in Dallas. (AP Photo/LM Otero, File)

CHICAGO — Illinois will effectively end immigration detention and strengthen protections limiting cooperation with federal immigration agents under a plan signed into law by Gov. J.B. Pritzker on Monday, August 2. 

The measure targets local agreements with U.S. Immigration and Customs Enforcement (ICE) allowing county jails to house immigrant detainees awaiting court appearances. 

Current contracts would end by January and no new contracts would be allowed. Three counties - Kankakee, Pulaski and McHenry - have such agreements and currently house roughly 260 immigrant detainees. 

Proponents of the law say it'll end inhumane practices in Illinois and encourage alternatives. But some counties argue they'll lose much-needed revenue.

Other policies in the immigration package signed by Gov. Pritzker include:

  • Prohibits officials from asking about the citizenship or immigration status of a person in custody unless they’re presented with a federal criminal warrant
  • Requires law enforcement agencies to submit annual reports regarding requests from the U.S. Department of Homeland Security.
  • Authorizes the Attorney General to conduct investigations into violation of the Illinois TRUST Act.
  •  Amends the criminal code to include hate crimes based on citizenship and immigration status
  • Creates the Illinois Immigration Impact Task Force to study how state policies and programs affect immigrant residents
  • Makes it a civil rights violation for employers to refuse to hire, segregate, or engage in harassment on the basis of work authorization status.

All of the laws are effectively immediately, except for the amendment to the criminal code, which will take effect January 1, 2022. 

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