20 ILCS 4112/10

Current through Public Act 103-1052

Section 20 ILCS 4112/10 - [Section Scheduled to be Repealed 7/1/2025] Definitions

As used in this Act:

"Covered individual" means any individual subject to removal proceedings under 8 U.S.C. 1225, 1228, and 1229a or a final order of removal under 8 CFR 1241.1, including any related covered proceeding, regardless of age, who is: (i) a domiciliary of this State; or (ii) an individual who is not a domiciliary of this State if removal proceedings are conducted against the individual in this State.

"Covered proceeding" means any proceeding in which a covered individual is a party and is seeking an avenue of relief from removal from the United States or is challenging his or her arrest or detention under the Immigration and Nationality Act and its implementing regulations. "Covered proceeding" includes:

(1) a proceeding or hearing in an immigration court and any related application to United States Citizenship and Immigration Services connected to the proceeding or hearing;

(2) an immigration proceeding conducted by telephone or video teleconference;

(3) a proceeding in a State court for purposes of obtaining a special findings order;

(4) a proceeding in a State court for purposes of vacating a conviction or modifying a sentence in which the conviction or sentence is relevant to the immigration proceedings at issue;

(5) a credible fear interview or reasonable fear interview;

(6) a habeas corpus petition to a federal district court challenging detention under the Immigration and Nationality Act;

(7) a motion to reopen or reconsider under 8 U.S.C. 1229a;

(8) a petition for review under 8 U.S.C. 1252;

(9) a remand to a federal district court from the United States Court of Appeals for fact-finding purposes; and

(10) any appeal related to any of the foregoing to the Board of Immigration Appeals, the United States Court of Appeals, or the United States Supreme Court.

"Domicile" means a true, fixed, and permanent legal home of an individual or the place to which the individual intends to return even though the individual may reside elsewhere.

"Domiciliary" means an individual who has established a domicile with respect to a particular jurisdiction.

"Immigration court" means a tribunal of the Executive Office for Immigration Review, or a successor entity, tasked with deciding the inadmissibility or deportability of a noncitizen of the United States that is presided over by an immigration judge as defined in 8 U.S.C. 1101 (b)(4).

"Legal services" means individual legal assistance in a single consultation, or ongoing legal representation, provided by a legal services provider to a covered individual, and all legal advice, advocacy, and assistance associated with the service.

"Legal services provider" means an individual, organization, or association that has the authority to provide legal services.

20 ILCS 4112/10

Added by P.A. 102-0827,§ 10, eff. 5/13/2022.