Your Rights in Chicago as an Immigrant
In Chicago and across Illinois, immigrants—whether documented or not—have fundamental rights. Understanding how state and local laws apply can protect you from unlawful enforcement, discrimination, and other legal pitfalls. Below, you’ll find clear information tailored to the Chicago/Illinois context to help you navigate immigration‑related issues.
1. ¿Protecciones de la ley estatal? – Illinois Laws That Apply
1.1 Keep Illinois Families Together Act (Public Act 101‑0019)
This law addresses immigration enforcement cooperation at the local level. It’s part of the state’s effort to safeguard immigrant communities while balancing public safety.
1.2 Immigrant Tenant Protection Act (765 ILCS 755)
Under this Act, landlords cannot evict or refuse to rent to someone solely based on immigration or citizenship status.
1.3 Illinois Human Rights Act – Immigration Status in Housing
Illinois law prohibits housing discrimination on the basis of a person’s immigration status (actual or perceived). A housing provider cannot deny a lease application just because the applicant is undocumented. DHR Illinois
1.4 Illinois Identification Card Act (15 ILCS 335)
This statute governs how the Secretary of State issues standard identification cards, including limitations when someone holds a foreign state ID or permit.
2. ¿Enforcement and Local Law‑Enforcement Limits in Illinois?
2.1 Illinois TRUST Act & VOICES Act
These laws restrict state and local law‑enforcement agencies from participating in immigration enforcement (for example, honoring many U.S. Immigration and Customs Enforcement detainer requests) and provide extra protections for immigrant victims of crime. Illinois Attorney General
2.2 Way Forward Act (Illinois, 2021)
This Act strengthens the TRUST and VOICES laws, gives the state’s Attorney General enforcement power over compliance, and ends many detention‑contract arrangements with ICE. Chicago Appleseed
2.3 What this means for you in Chicago
If you are in Chicago and a local officer or sheriff’s deputy approaches you about immigration status, in many instances they may not lawfully act as immigration‑enforcement personnel. Federal agents (ICE) still enforce immigration law, but local agencies often cannot. For example, you do not have to answer questions about your immigration status to a local officer in many contexts. 40th Ward of Chicago
3. Your Rights & What to Do When Approached
3.1 When you’re stopped by police or immigration agents
- Stay calm.
- You have the right to remain silent about your immigration status. IL IMMIGRATION INFO
- Ask politely if you are free to leave.
- Do not sign anything you don’t understand.
- Contact an experienced immigration attorney.
3.2 In your home or workplace
If ICE or other agents show up at your home or workplace without a valid warrant, you may have the right to refuse entry. Always consult legal advice before speaking or signing anything.
3.3 When you face discrimination in housing or employment
If a landlord, employer, or service provider treats you unfairly because of your immigration or citizenship status—or perceived status—you may have legal claims under Illinois law. See the section above on the Human Rights Act and Tenant Protection Act.
4. Specific Considerations for Chicago Immigrant Communities
4.1 Language access and “Know Your Rights” information
The Illinois Attorney General’s Office provides “Know Your Rights” guides in Spanish (and other languages) aimed at immigrants in Illinois. Illinois Attorney General
4.2 Immigrant families and children
Illinois’s laws aim to keep families together and address trauma among children and youth in immigrant communities. For example, speaking to schools about immigration status is generally prohibited unless required by law.
4.3 Seeking legal status or relief
If you are eligible for visas, asylum, U‑visas (victims of crime), or other forms of relief, it is vital to consult a qualified attorney because federal law applies and timelines can be strict.
5. When to Call an Immigration Attorney in Chicago
Call an attorney immediately if:
- You’re arrested or detained by immigration or local law‑enforcement.
- You’re facing eviction, job loss, or discrimination due to your immigration status.
- You believe your rights were violated by police or ICE.
- You need help with applications for legal status, DACA, asylum, or other relief.
6. (FAQ) Preguntas Frecuentes
Q1: Can a Chicago police officer ask me about my immigration status?
A: In most cases no. Illinois local law‑enforcement agencies are generally barred from conducting immigration enforcement under the TRUST Act and related laws.
Q2: What happens if my landlord refuses to rent to me because I am undocumented?
A: That may be illegal under the Immigrant Tenant Protection Act, which prohibits evictions or refusals to rent based on immigration status. Illinois General Assembly
Q3: If ICE shows up with a warrant, what should I do?
A: Stay calm. Request to see the warrant. Do not sign anything you don’t understand. Contact a trusted immigration attorney in Chicago immediately.
Q4: Are there protections if I am a victim of crime and undocumented?
A: Yes. Under the VOICES Act and federal U‑visa provisions, immigrants who are victims of certain crimes and assist law‑enforcement may qualify for relief. Illinois law supports this.
Disclaimer:
This article is provided for general informational purposes only and should not be relied upon as legal advice. Reading this post does not create an attorney-client relationship with Servicios Legales Abogados Chicago or any of its attorneys. Laws, regulations, and court procedures change frequently and may vary depending on the specific facts of each case. You should consult a licensed attorney in Illinois for legal advice tailored to your individual circumstances. Servicios Legales Abogados Chicago makes no guarantees about the accuracy, completeness, or applicability of the information contained in this publication.
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