This page is information, not legal advice. Illinois has two major state laws protecting immigrant communities from local law enforcement cooperation with ICE, both of which were upheld when a federal court dismissed the DOJ's challenge in August 2025. ICE still operates independently in Illinois. In some rural counties, sheriffs have openly stated non-compliance with state law. Verify current conditions with the Illinois Coalition for Immigrant and Refugee Rights, the Resurrection Project, or a licensed immigration attorney.
Illinois has been a sanctuary state since 2017 and has two of the strongest state-level immigrant protection laws in the country. The Illinois TRUST Act limits when and how local law enforcement can cooperate with federal immigration authorities. The Illinois Way Forward Act, passed in 2021, strengthened those protections and added enforcement mechanisms. Both laws are in effect.
The Trump administration's Department of Justice filed a high-profile lawsuit in February 2025 attempting to invalidate these laws and Chicago's Welcoming City Ordinance. U.S. District Judge Lindsay Jenkins dismissed the lawsuit in its entirety in July 2025, holding that the federal government may not compel states to administer a federal regulatory program. The DOJ did not refile by the amended complaint deadline, and the case was dismissed with prejudice in August 2025. Illinois's sanctuary laws are in effect and have survived federal legal challenge.
However, Illinois is a large and geographically varied state. Chicago and most of the collar counties operate under strong sanctuary protections and have committed to enforcing state law. In some rural downstate counties, sheriffs have publicly stated their opposition to the TRUST Act, with a small number indicating they have cooperated or would cooperate with ICE detainers in apparent conflict with state law. Understanding both the strong legal protections and the documented non-compliance in some counties is part of knowing your rights in Illinois.
Part 1: Your rights under federal law - everywhere, including Illinois
These rights come from the U.S. Constitution and apply in Illinois regardless of immigration status, citizenship, or how you entered the country.
At your front door
The Fourth Amendment protects your home from government entry without your consent or a judicial warrant. Two very different documents may come to your door.
A judicial warrant is signed by a federal judge, based on probable cause, and authorizes entry to a specific address. If ICE presents a valid judicial warrant with your correct address and a judge's signature, officers have legal authority to enter. Ask to see it through a closed door or window before opening.
An administrative warrant, typically ICE Form I-200 or I-205, is signed by an immigration officer, not a judge. An administrative warrant does not authorize ICE to enter your home without your consent. You do not have to open the door. Ask through the door which type of warrant they have. If it is administrative, you are not required to let them in.
During a traffic stop or street encounter
You have the right to remain silent. You do not have to answer questions about where you were born, your immigration history, or your status. You can say you are exercising your right to remain silent and want to speak to a lawyer. You can ask whether you are free to go. If the officer says yes, you may calmly leave.
Do not lie and do not provide false documents. Silence is a legal right. False statements are a separate crime. Many families carry a printed card asserting the right to remain silent and the right to an attorney.
At your workplace
ICE may enter public areas of a workplace without a warrant. Private, non-public areas generally require a judicial warrant or employer consent. You have the right to remain silent in any workplace encounter.
Do not sign anything without a lawyer
Documents presented during an ICE arrest may include voluntary departure agreements or stipulated removal orders that waive your right to a hearing before an immigration judge. Do not sign anything without speaking to an attorney first.
Part 2: The Illinois TRUST Act - what it prohibits and what it allows
The Illinois TRUST Act was signed in August 2017 by Republican Governor Bruce Rauner. It has bipartisan origins, which has been relevant to its legal defense. The Act establishes clear limits on how Illinois law enforcement agencies can interact with federal immigration authorities in civil immigration enforcement.
What the TRUST Act prohibits
Under the TRUST Act, no Illinois law enforcement agency or official may participate in, support, or assist with an immigration agent's enforcement operations. Specifically, local law enforcement cannot transfer any person into an immigration agent's custody for civil immigration purposes, cannot give any immigration agent access to someone in local custody, cannot permit immigration agents to use local law enforcement facilities or databases for investigative or immigration enforcement purposes, and cannot enter into a 287(g) agreement that would allow local officers to perform immigration enforcement functions.
Local law enforcement also cannot stop, search, question, or arrest anyone solely because of their actual or suspected immigration or citizenship status. Officers cannot ask about citizenship or immigration status unless it is necessary to investigate a specific criminal offense.
What the TRUST Act permits
The TRUST Act does not prohibit all cooperation with federal authorities. When a federal criminal warrant has been issued by a federal judge, local law enforcement may cooperate with federal criminal investigations and can transfer a person to federal custody. For a person who has been convicted of a serious violent felony or has a criminal history involving certain offenses, local law enforcement has discretion to cooperate with ICE notification requests.
The distinction is between civil immigration enforcement and federal criminal enforcement. Immigration violations are civil matters. When a federal judge has issued a criminal warrant, that is a different legal authority and cooperation is permitted.
The Illinois Way Forward Act - 2021 additions
Governor Pritzker signed the Illinois Way Forward Act in 2021, adding several provisions to strengthen the TRUST Act. The Way Forward Act authorizes the Illinois Attorney General to investigate TRUST Act violations and take legal action against agencies that violate it. It prohibits any state or local government from entering into contracts with the federal government to house immigrant detainees in local facilities. It also prohibits officials from asking about citizenship or immigration status of anyone in custody unless specifically required by law.
Part 3: The DOJ lawsuit - filed, dismissed, closed
In February 2025, the Department of Justice filed a lawsuit in federal court in Chicago against the State of Illinois, Cook County, and the City of Chicago. The lawsuit sought to invalidate the TRUST Act, the Way Forward Act, Chicago's Welcoming City Ordinance, and Cook County's immigration policies. The DOJ argued these laws were preempted by federal immigration law and discriminated against the federal government by impeding ICE enforcement.
U.S. District Judge Lindsay Jenkins dismissed the lawsuit in its entirety in July 2025, writing that the federal government may not compel states to enact or administer a federal regulatory program, and that the DOJ lacked standing to sue the individual state and city defendants with respect to the sanctuary policies. The judge handed down a 64-page ruling analyzing and rejecting each of the DOJ's arguments. The DOJ was given one month to file an amended complaint. It did not do so by the deadline. The case was dismissed with prejudice in August 2025, meaning the same case cannot be brought again.
The TRUST Act and Way Forward Act have now survived both a first-term Trump administration legal challenge and a second-term challenge. They remain fully in effect.
Part 4: Rural county variation - where non-compliance has been reported
Illinois has 102 counties, and enforcement attitudes vary significantly outside the Chicago metropolitan area. A survey of 28 Illinois sheriffs by the Medill Illinois News Bureau and Capitol News Illinois in September 2025 found that while 25 said they would adhere to the TRUST Act because it is law, 17 of those expressed reservations or disagreement with it. Two sheriffs indicated they would not comply with the Act if ICE requested assistance.
Named sheriffs who have publicly stated intentions to cooperate with ICE in conflict with the TRUST Act include the Adams County Sheriff, the Gallatin County Sheriff, and the Pope County Sheriff. The Pulaski County Sheriff has stated he cooperates with ICE detainers. These sheriffs' public statements amount to stated intentions to violate state law. Whether they do so in practice, and whether the Attorney General's office investigates and acts on violations, is a question of current enforcement that families in these counties should research with local organizations.
The TRUST Act does have an enforcement mechanism. The Way Forward Act authorizes the Attorney General to investigate and pursue legal action against agencies that violate the Act. If you believe a sheriff's office in a downstate county has violated the TRUST Act in a way that harmed you, the Illinois Attorney General's office and the ACLU of Illinois can be contacted.
For families in the Chicago metropolitan area, Cook County, and most of the collar counties, local law enforcement agencies are operating in compliance with the TRUST Act. Chicago Police, Cook County Sheriff's Office, and the major suburban departments are not participating in immigration enforcement cooperation with ICE. ICE still operates independently in these areas, but without the local agency cooperation that exists in some other states.
Part 5: What the TRUST Act cannot do
Illinois's sanctuary laws limit what Illinois law enforcement does. They do not limit what federal ICE agents do. ICE has full federal authority to conduct enforcement operations anywhere in Illinois and does not need cooperation or permission from local law enforcement to make arrests.
Chicago has been a focus of ICE enforcement operations since January 2025. Raids have occurred at homes, workplaces, and in communities across the city and state. Arrests have occurred at lower rates in Illinois than in states without sanctuary protections, a pattern documented by migration policy researchers who found that from late January to mid-October 2025, arrests occurred at lower rates in sanctuary states. But enforcement is real and ongoing.
Part 6: What to do right now, before anything happens
Know your A-number and make sure trusted family members have it written down. It is on any prior immigration document.
Know which county you are in and the local law enforcement posture. In Chicago and the metro area, local police are operating under sanctuary protections. In some downstate counties, sheriffs have publicly expressed non-compliance with the TRUST Act. The Illinois Coalition for Immigrant and Refugee Rights and local organizations can help you understand the specific situation in your area.
Identify an immigration attorney or legal aid organization before you need one. Illinois has one of the largest networks of immigrant legal services organizations in the country, concentrated in Chicago and the metropolitan area but with coverage in rural regions as well.
Prepare guardianship documents for any children in your household. Even with strong state protections, targeted ICE arrests at home can happen. Documented standby guardian arrangements protect children.
Set up a financial power of attorney so a trusted person can manage accounts and property if you are detained.
Part 7: Legal help and resources in Illinois
The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) is the statewide advocacy and coordination organization for immigrant communities in Illinois, with deep connections to legal and social service providers across the state. Their website is icirr.org.
The Resurrection Project, based in Pilsen in Chicago, provides immigration legal services, family separation support, and community education for immigrant families in the Southwest Side of Chicago and beyond. They are one of the most established immigrant services organizations in the state.
The National Immigrant Justice Center (NIJC), based in Chicago, provides free and low-cost immigration legal services to detained individuals and those facing deportation, and runs legal hotlines. Their website is immigrantjustice.org.
The ACLU of Illinois has been at the center of defending the TRUST Act and Way Forward Act, and has been deeply engaged on immigration enforcement issues across the state. Their website is aclu-il.org.
The Illinois Attorney General's office has authority to investigate TRUST Act violations and publishes guidance on the law. If you believe a local law enforcement agency has violated the TRUST Act, violations can be reported through the AG's office.
For immigration court case information, call the EOIR automated line at 1-800-898-7180. To locate someone in ICE custody, use the ICE Online Detainee Locator at locator.ice.gov. People detained by ICE in Illinois may be held at the Broadview processing center, Jerome Combs Detention Center in Kankakee, or transferred to other facilities. The ICE Detention Reporting and Information Line is 1-888-351-4024.
Immigration Advocates Network lists Illinois legal providers at immigrationadvocates.org.
Illinois's protections are among the strongest in the country and have been repeatedly upheld in court, including against the Trump administration's most recent direct challenge. The TRUST Act prohibits local law enforcement from cooperating with civil immigration enforcement. The Way Forward Act provides enforcement mechanisms. The DOJ lawsuit was dismissed with prejudice. Where those protections work fully - in Chicago, Cook County, and most of the state - immigrant families face a different enforcement environment than in states with mandatory cooperation laws. Where rural county sheriffs are openly challenging those protections, the risk is different and families should know that. ICE operates everywhere in Illinois regardless of local policies. Knowing your federal constitutional rights, knowing the state law, and knowing who to call is the foundation.
This page reflects laws and conditions as of mid-2026. The TRUST Act and Way Forward Act are in effect. The DOJ lawsuit was dismissed with prejudice in August 2025. Some rural county sheriffs have stated non-compliance. Verify current conditions with ICIRR, the ACLU of Illinois, or a licensed immigration attorney.