Illinois Attorney General Raoul reinforces limits on ICE cooperation in Illinois

Illinois Attorney General Kwame Raoul has issued updated guidance for law enforcement officials across the state, clarifying how Illinois laws on immigration enforcement should be applied.

The move follows a new directive from the U.S. Department of Justice instructing prosecutors to investigate local efforts that the department says may obstruct federal immigration enforcement.

The guidance reaffirms the limitations set by the Illinois TRUST Act and the Illinois Way Forward Act, which restrict cooperation between local law enforcement and federal immigration authorities. Local police are prohibited from detaining individuals solely based on their immigration status and from acting as federal immigration enforcement agents.

Raoul’s guidance emphasizes specific actions prohibited under Illinois law, such as honoring federal immigration detainer requests without a judicial warrant and allowing ICE agents access to individuals in custody without proper legal documentation.

The guidance also reminds law enforcement agencies that sharing personal information about individuals with federal authorities, unless required by law, is a violation of state statutes.

“These laws are designed to foster trust between immigrant communities and local law enforcement,” Raoul said in a news release. “When people fear interacting with police because of their immigration status, it creates safety risks for everyone. This guidance ensures law enforcement agencies understand their responsibilities under state law and helps protect all residents of Illinois.”

In northern Illinois, the guidance has prompted discussions among law enforcement agencies about how to navigate the balance between state and federal policies.

In DeKalb, City Manager Bill Nicklas recently emphasized that DeKalb police do not enforce federal immigration laws, consistent with state statutes.

“We’re here to serve all members of our community,” Nicklas said.

In Grundy County, Sheriff Ken Briley also has said that his department focuses on community safety rather than assisting in noncriminal deportation cases.

“Our job is to protect and serve our residents, not to enforce federal immigration laws,” Briley said in December.

Kendall County Sheriff Dwight Baird recently affirmed that his office does not plan to participate in mass deportation efforts, prioritizing local crime issues instead.

McHenry County Sheriff Robb Tadelman, however, has expressed challenges in balancing state mandates and federal requests for assistance. Tadelman has acknowledged the difficulties of navigating conflicting expectations.

In Kane County, Sheriff Ron Hain has committed to fully adhering to the Illinois TRUST Act and related laws. Local schools in the county also have pledged to follow state guidelines to protect students regardless of their immigration status.

The Illinois Way Forward Act, enacted in 2021, further restricts local law enforcement from entering detention agreements with U.S. Immigration and Customs Enforcement and prohibits arrests based solely on immigration detainers. Advocates for the legislation argue that these measures help maintain trust within immigrant communities, while critics claim they hinder federal enforcement efforts.

The Justice Department’s directive has placed additional scrutiny on states such as Illinois, where local policies limit cooperation with federal immigration authorities.