CHICAGO – Attorney General Kwame Raoul today issued updated guidance to state, county and local law enforcement agencies to clarify the role of Illinois’ law enforcement agencies and the enforcement of federal immigration laws.
The guidance details the provisions of the Illinois TRUST Act and the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Both were enacted to increase trust and cooperation between immigrant communities and police departments generally by prohibiting law enforcement agencies from participating in federal civil immigration enforcement, and by creating procedural requirements to support immigrants who have been victims of violent crime or human trafficking.
“Civil immigration enforcement is the responsibility of the federal government. 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 said. “We are issuing this guidance to remind law enforcement agencies of their responsibilities under the law and that the TRUST Act and VOICES Act do not limit them from executing their duties in 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.”
In 2021, the Illinois General Assembly expanded the protections and obligations in the TRUST and VOICES acts and through a newer law, the Way Forward Act. The Attorney General’s updated guidance addresses state and local law enforcement’s obligations under all three laws. The purpose of the updated guidance is to clarify the restrictions on participation in federal immigration enforcement by state and local law enforcement in Illinois. The new guidance also includes citations to relevant statutes and legal opinions.
Law enforcement authorities in Illinois generally are prohibited from assisting with any immigration enforcement operation. State law prohibits Illinois law enforcement from entering into immigration enforcement agreements with immigration authorities, complying with immigration detainers, transferring individuals into immigration agents’ custody without a criminal warrant, and allowing immigration agents access to state and local facilities for civil investigative or enforcement purposes.
The guidance issued today provides specific recommendations on how law enforcement agencies in Illinois can comply with state laws that limit their authority to enforce federal immigration laws. The TRUST Act prevents law enforcement officials across the state from arresting and detaining people based solely on their immigration status. The law prohibits local law enforcement from assisting federal immigration agents by providing facilities or equipment, including the use of electronic databases not available to the public, for any civil investigative or immigration enforcement purpose. Local law enforcement officials are also barred from providing on-site support to federal immigration agents, including by coordinating arrests in public facilities, transporting any individuals or establishing a security or traffic perimeter.
The Way Forward Act authorizes the Attorney General to conduct investigations and take civil enforcement action to ensure compliance with the TRUST Act and the VOICES Act. The Way Forward Act requires law enforcement agencies to file an annual report with the Attorney General’s office that includes information regarding the agency’s response to any immigration detainer requests or civil immigration warrants the agency received. Additional information about the reports can be found on the Attorney General’s website.
Joint Statement From 11 State Attorneys General: State and Local Law Enforcement Cannot Be Commanded For Fed Immigration Enforcement
Attorney General Kwame Raoul, along with the attorneys general of California, Colorado, Connecticut, Hawaii, Maryland, Massachusetts, New Mexico, New York, Rhode Island and Vermont, today issued a joint statement addressing a memorandum from a Trump political appointee at the U.S. Department of Justice addressing state and local involvement in federal immigration enforcement:
“It is well-established — through longstanding Supreme Court precedent — that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws. While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service — and at no cost to itself — the police officers of the 50 States.’ This balance of power between the federal government and state governments is a touchstone of our American system of federalism.
“Despite what he may say to the contrary, the president cannot unilaterally re-write the Constitution. The president has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws, interfering with their ability to build trust with the communities they serve and protect. Right now, these vague threats are just that: empty words on paper. But rest assured, our states will not hesitate to respond if these words become illegal actions.
“As state attorneys general, we have a responsibility to enforce state laws, and we will continue to investigate and prosecute crimes, regardless of immigration status. We will not be distracted by the president’s mass deportation agenda.”
