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Elmhurst, IL Immigration Policy: Sanctuary Policy Preemption (2026)

Heavy Restrictions

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Key Facts

TRUST Act: 5 ILCS 805
Way Forward Act: P.A. 102-0234
Detainer Holds: Prohibited
Detention Contracts: Prohibited
Enforcer: Illinois Attorney General

Illinois state rule: Elmhurst does not have a local ordinance for sanctuary policy preemption. This topic is governed by Illinois state law and applies uniformly across the state.

Summary

The Illinois TRUST Act and Way Forward Act bar state and local law enforcement from civil immigration enforcement, holding ICE detainers, or contracting for immigration detention.

Full Breakdown

The Illinois TRUST Act (5 ILCS 805) prohibits state and local law enforcement agencies from stopping, arresting, searching, or detaining any person solely based on immigration status, and from holding individuals on ICE detainer or administrative warrant requests. The Way Forward Act (Public Act 102-0234) amended the TRUST Act to prohibit Illinois jurisdictions from entering or renewing intergovernmental service agreements to detain individuals for federal civil immigration purposes. Section 805/15 requires agencies to ensure facilities are not used for immigration enforcement interviews or holds. The Attorney General enforces compliance and may seek injunctive relief.

Violations & Fines

Aggrieved individuals may bring civil actions for injunctive and declaratory relief plus reasonable attorney fees under Section 805/40, and the Attorney General may sue noncomplying agencies.

Frequently Asked Questions

Can Illinois police hold someone on an ICE detainer?

No. The TRUST Act forbids state and local law enforcement from holding any individual solely on the basis of an immigration detainer, administrative warrant, or other federal civil immigration request.

Can Illinois jails contract with ICE for detention?

No. The Way Forward Act amendments to 5 ILCS 805 prohibit Illinois counties and municipalities from entering or renewing intergovernmental agreements to detain individuals for federal civil immigration purposes.

Does the TRUST Act apply to all Illinois jurisdictions?

Yes. The TRUST Act applies statewide to every law enforcement agency in Illinois. Cities cannot opt out, and the Attorney General may bring enforcement actions against noncompliant agencies.

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Elmhurst, IL Immigration Policy: Sanctuary Policy Preemption (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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