As federal immigration raids have been initiated in Illinois, State Rep. Maura Hirschauer is encouraging residents to understand their rights under Illinois state law. This resource page offers trusted information from Illinois law and community organizations. This page is for educational and informational purposes only and is not intended as legal advice. It includes important resources to help you understand your rights, along with links to trusted partners and organizations for additional support.
Everyone in the U.S., regardless of immigration status, has constitutional rights and protections. The information here is designed to help you stay informed about your rights, prepare for potential encounters with ICE, and navigate the challenges of mass deportation threats. While fear tactics are being used to create anxiety within our community, this page serves as a resource to help you stay informed and prepared with up-to-date information.
- Know Your Rights: Illinois Protections
- NEWS UPDATE: Expedited Removal Expansion
- Create a Safety Plan
- Individuals: Rights at your Workplace
- Know Your Rights: Healthcare
- If Arrested or Detained
- Where to find legal help
Illinois Protections
In Illinois, law enforcement is largely prohibited from participating in immigration enforcement. This protects not only undocumented individuals but also U.S. citizens who may be concerned about their immigrant family members.
Key Protections under Illinois Law:
- The TRUST Act
Illinois law enforcement agencies cannot engage in immigration enforcement operations. This helps build trust between communities and law enforcement. - The VOICES Act
Officers must follow procedures to protect immigrants who are victims of violent crime or human trafficking and who have assisted law enforcement in investigating or prosecuting certain types of crimes. - The Way Forward Act (2021)
This law strengthens protections by authorizing the Illinois Attorney General to investigate and enforce compliance with the TRUST Act and VOICES Act.
What Illinois Local Law Enforcement Can and Can’t Do:
- Cannot stop, arrest, search, or detain individuals solely based on citizenship or immigration status.
- Cannot generally assist with federal civil immigration enforcement operations.
- Can only make arrests based on a criminal warrant or probable cause that a criminal offense has occurred.
NEWS UPDATE: Expedited Removal Expansion
This info, updated 1/24/25, gathered from National Immigration Law Center visit the original page for additional info
“On Jan. 21, the Department of Homeland Security expanded its use of a process called “expedited removal,” putting undocumented community members at greater risk of being put in a rapid deportation process. These changes are effective as of Jan. 21, 2025.
What is expedited removal?
When ICE or CBP arrests a person within the United States (as opposed to at the border), the person usually has the chance to see an immigration judge before they are deported. “Expedited removal” allows the government to quickly deport someone they believe to be undocumented, without ever seeing a judge. The only exception is if the person says they are afraid to return to their country and passes a fear screening interview, which might allow them to seek asylum.
What changed?
Previously, ICE and CBP only used expedited removal against people within 100 miles of the border and within 14 days of their arrival. Now, the government has said it plans to use expedited removal anywhere in the country against any undocumented person who can’t prove they have been in the U.S. continuously for two years before the arrest. DHS has announced it intends to use this power even against people who entered through a parole program.
What can community members do to prepare?
- Remember your rights to remain silent, not open your door, and not answer questions from ICE or CBP.
- Do not carry foreign identification documents, such as a foreign passport, with you, as these documents may be used against you.
- Carry with you evidence of having been in the U.S. for longer than two years, such as mail that you received at your home address with a postmark, a signed lease, church or school records with your address, etc. You may want to carry copies with you so as not to risk losing your originals. Share this evidence if/after you have been taken into custody.
- Carry with you evidence of lawful entry or current lawful status in the United States if you have it. If you have a pending asylum application or other immigration court case or appeal, carry evidence of that with you. Share this evidence if or after you have been taken into custody. The first step is to remain silent with the exception of asking to speak to a lawyer.
- If you are being taken into immigration custody and you have a fear of returning to your country of origin, state that fear loudly and clearly at every opportunity you have.
- Ask to speak to a lawyer, and do not sign any documents without consulting with a lawyer.
This is a fast-moving situation that will change based upon the administration’s actions. The guidance above is general information but not legal advice tailored to someone’s individual situation. We recommend that community members exercise caution and speak to an immigration lawyer about their individual case.” (National Immigration Law Center, 2025)
Create A Safety Plan
Start a family plan and talk to your children about it to ensure everyone knows what to do in case of an emergency.
The Resurrection Project Emergency Family Plan Resource Link
Guardianship documents allow you to legally designate a trusted adult to care for your children if you are unable to do so. These documents can specify who will make decisions about your children’s education, healthcare, and daily needs. To learn more please visit the Illinois Legal Aid: Getting guardianship of a child website.
What to Do if Immigration Comes to Your Workplace
Information gathered from the National Immigration Law Center website, visit the original page for additional details.
- You have the right to REMAIN SILENT. You do not have to answer any questions about your immigration status, background, or your colleagues. If you answer questions, Immigration may ask you for your immigration documents.
- DO NOT attempt to run away. Immigration will suspect that you are undocumented and attempt to arrest you. It is safer to continue working, ask if you are being detained, and calmly ask if you may leave.
- Immigration and Customs Enforcement (ICE) must have a warrant signed by a judge or permission from your employer to enter a private area of your workplace
- ICE can enter public areas of your workplace without permission. Being in a public area does NOT give ICE authority to stop, question, or arrest anyone without a valid reason or warrant.
- Do not carry false documents with you
- For more information on what to do if Immigration comes to your workplace, review
- A Guide for Employers: What to Do if Immigration Comes to Your Workplace
- NILC’s Guide for Employers: What to Do if Immigration Comes to Your Workplace
Know Your Rights: Health Care and Health Insurance
You have the right to healthcare regardless of your immigration status. Some states require hospitals to ask patients about their immigration status. If you are asked for your immigration status, you do not have to provide it, and a healthcare provider cannot refuse to treat you because you declined to share your immigration status information. For additional information, please visit the National Immigration Law Center website.
Know Your Rights: If You Are Arrested or Detained by Immigration
- You should ASSERT YOUR RIGHTS.
- You have the right to REMAIN SILENT. Generally, you do not have to answer any questions, especially ones about your immigration status. Refusing to answer questions is not a crime, but you should never lie about your immigration status, as that carries serious penalties.
- You have the right to SPEAK TO A LAWYER. Immigration laws are complex and confusing. You should never expect Immigration agents or even an Immigration Judge to explain all of your options or give you accurate information. You should speak with a lawyer before saying or doing anything.
- DO NOT SIGN any documents without speaking to a lawyer first. This includes a Waiver, Stipulated Removal Order, or Voluntary Departure Agreement. You may be waiving your right to see a lawyer or judge or agreeing to leave the U.S. It may also mean you will not be allowed to enter the U.S. again or get immigration status. Never sign a document without reading, understanding, and knowing the consequences of signing it.
- ASK to call a family member or friend if you have children with you when you are arrested or need to call in to work. It is important to have essential phone numbers memorized, in case of emergencies.
- WRITE DOWN the name and telephone number of the deportation officer assigned to your case, as well as your Alien Registration Number, or A-number.
- Make sure your loved ones know how to find you if you are detained by ICE. They can use ICE’s online detainee locator (https://locator.ice.gov/odls/homePage.do) to find an adult who is in immigration custody. Or they can call the local ICE office (https://www.ice.gov/contact/ero). Make sure they have your alien registration number written down, if you have one.
- You can call the Executive Office for Immigration Review (EOIR) hotline number at 1-800-898-7180 (toll-free) 24 hours a day, 7 days a week to get information on your case’s status.
Where can I find free or low-cost legal help?
- The Resurrection Project’s Legal Assistance page to find a free immigration legal service provider near you.
- Illinois Access to Justice partners providing free immigration legal services.
