The Illinois TRUST Act (SB-31) was enacted in 2017 to restrict local law enforcement from transferring undocumented immigrants over to federal agencies without a judicial warrant. The law prohibits law enforcement from holding someone just because of a request from ICE. However, it does not allow the immigrant to continue to reside in the United States. When signed into law, it was the nation’s strongest state-level due process protections for immigrants who fear any interaction with local police could result in deportation.
Under this law, local law enforcement is prohibited from arresting, stopping, detaining people solely based on their citizenship or immigration status. Under the TRUST Act, local police cannot comply with immigration detainers or warrants not issued by a judge. Local police also cannot stop, search, or arrest anyone based on their immigration or citizenship status.
Illinois immigration attorney Mario Godoy explains,
“The TRUST Act offers important due process protections for immigrants in Illinois who are afraid that any interactions with local police could result in their deportation. If stopped by the police, it’s important for immigrants to consult an immigration attorney to protect their rights.”
The TRUST Act restricts local law enforcement from collaborating with federal immigration enforcement agents to detain anyone without a judicial warrant. Despite the Illinois TRUST Act, some agencies may still detain an immigrant for federal agencies to come to get them. It is important to start working with an immigration attorney right away to advocate for their rights.
The TRUST Act is part of the Campaign for a Welcoming Illinois, a system of protections and advocacy groups that protect the rights of Illinois’ half-million undocumented residents. Campaign for a Welcoming Illinois advocated for the TRUST Act as “common-sense approach to create a clear distinction between the work of local police officers and that of federal immigration agents.”
In October, Illinois announced $30 million in state funding for Immigrant Welcoming Centers (IWC) across Illinois. In 2019, Chicago was named the most immigrant-friendly city in the United States.
Contact Godoy Law Office’s skilled immigration lawyers in Chicago, Lombard and Oak Brook. We can answer any questions about immigration and guide you through every step of the process.
Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties.
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