Illinois Attorney General Provides Guidance on Law Enforcement’s Role in Immigration Enforcement
Attorney General Kwame Raoul issued new guidance to Illinois law enforcement, stressing their duty to follow state laws that restrict involvement in federal immigration enforcement. The goal is to build trust between immigrant communities and local police, strengthen public safety, and clearly define the limits of state and local authority.
The guidance outlines the provisions of the Illinois TRUST Act, the Voices of Immigrant Communities Empowering Survivors (VOICES) Act, and the Way Forward Act. These laws collectively aim to build cooperation between immigrant communities and law enforcement by preventing local agencies from participating in federal civil immigration enforcement. They also establish protections for immigrant survivors of violent crimes and human trafficking.
A Clear Division of Responsibility
“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 the TRUST and VOICES acts do not hinder local agencies from conducting criminal investigations. Instead, these laws enhance public safety by ensuring victims and witnesses can cooperate with law enforcement without fear of deportation.
Key Provisions of the Guidance
The updated guidance provides clarity on the following restrictions placed on Illinois law enforcement:
- Prohibited Actions: Local law enforcement cannot assist with immigration enforcement operations, enter agreements with immigration authorities, comply with immigration detainers, transfer individuals into immigration custody without a criminal warrant, or grant immigration agents access to facilities for civil enforcement.
- TRUST Act: Officers are barred from arresting or detaining individuals based solely on immigration status or providing resources, such as facilities or databases, for civil immigration enforcement.
- Way Forward Act: This law enables the Attorney General to investigate and enforce compliance with the TRUST and VOICES acts. Law enforcement agencies must also submit annual reports detailing responses to immigration detainer requests or warrants.
Strengthening Transparency and Accountability
Raoul’s office included legal references in the guidance to assist agencies in adhering to state law. The Attorney General’s website offers additional resources for agencies required to file annual compliance reports under the Way Forward Act.
By reinforcing these laws, Raoul aims to foster a safer environment where immigrants can seek protection and cooperate with law enforcement without fearing deportation.
“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 said.
The Attorney General’s website provides complete guidance and additional reporting requirements.