Illinois, Denver Pass Laws on State/Local Cooperation with Federal Immigration Enforcement
Two new jurisdictions have new laws designed to limit state and local cooperation with federal immigration enforcement .
Illinois Governor Bruce Rauner signed into law yesterday a law to prevent law enforcement officials across the state from detaining individuals based solely on their immigration status, and limit local agencies’ cooperation with federal immigration authorities. The governor signed Senate Bill 31, known as the Illinois TRUST Act.
The measure will prohibit police officers and other law enforcement officials from stopping, detaining, or arresting anyone based solely on their immigration status or an immigration detainer – effectively limiting the role of local authorities in the enforcement of federal immigration laws. Nothing in the bill – which was scaled back from its original form through negotiations involving advocacy groups, law enforcement, businesses and other stakeholders – prohibits agencies from communicating with immigration authorities, and local authorities can hold individuals if presented with a criminal warrant. The bill also includes a provision to require law enforcement agencies to provide officers with guidance on complying with the law.
With a 10-0 vote, the Denver City Council unanimously passed the Denver Public Safety Enforcement Priorities Act yesterday, essentially meaning Denver will have set rules for how city employees interact with immigration officials. Denver city employees, like officers, will not collect information on immigration status. The city won’t detain anyone beyond that person’s sentence on behalf ICE. The city won’t share anyone’s citizenship states for the purpose of immigration enforcement. The city will not allow ICE agents into jail without a warrant. Exceptions to these rules include necessary peace-keeping, or following a warrant from a federal judge. The ordinance does not prohibit the sheriff’s office from notifying ICE if someone wanted for deportation is leaving the jail. the law’s sponsors have said this law will help undocumented immigrants feel comfortable calling police when needed, as well as give the city confidence that city resources are dedicated to Denver issues.
KJ