Introduction to the New Law
Illinois state legislators and immigrant advocates gathered outside a Chicago elementary school to celebrate a new state law meant to enshrine a child’s right to public schools regardless of their immigration status. This step is necessary in the face of the Trump administration’s aggressive immigration enforcement. The law, known as the Safe Schools For All Act, pushes school districts to adopt policies outlining how schools should respond if federal immigration agents come to a campus.
Key Provisions of the Law
The law says all children have the right to a free, public education regardless of their immigration status, effectively codifying the protections established in a 1982 Supreme Court case, known as Plyler V. Doe. Other states have taken the opposite approach, such as in Tennessee, where lawmakers attempted to allow school districts to ban undocumented children from attending public schools. Advocates said it’s a “first-of-its-kind” state law because it also prevents schools from adopting policies that have a “chilling effect” that could discourage kids from attending school.
Protections for Immigrant Students
In addition to the education provisions, the new law prohibits schools from adopting policies that could exclude or discourage students from attendance, such as requesting immigration status or a Social Security number. It also requires schools to adopt policies for how to handle immigration agents who show up to schools, including provisions around reviewing warrants or other documentation the agents might have. Chicago Public Schools requires staff to contact district law department staff if immigration agents show up to a school, and staff is told not to let such agents enter without having a judicial warrant.
Background and Opposition
The law signed last week drew some opposition while it was being debated in the legislature, including from sheriff’s departments, as well as the Illinois Association of School Boards. The IASB took issue with a provision of the law that allows people to sue school districts if they feel their rights were violated. Lawmakers felt it was important to require all districts to draft policies that comply with the new law, said State Rep. Lilian Jimenez, one of the main sponsors of the bill.
Impact and Future
State lawmakers drafted this legislation with the help of immigrant and bilingual education advocacy organizations, including the Latino Policy Forum, Mexican American Legal Defense and Educational Fund, or MALDEF, and the Illinois Coalition for Immigrant and Refugee Rights, or ICIRR. Even if the U.S. Supreme Court were to overturn Plyler V. Doe, states like Illinois “would still be within their rights to enact their own policies” — and that’s what the new law does, said Fred Tsao, senior policy counsel for ICIRR.
Conclusion
The new law is a significant step forward in protecting the rights of immigrant students in Illinois. By codifying the protections established in Plyler V. Doe and preventing schools from adopting policies that could discourage kids from attending school, the law ensures that all children have access to a free, public education regardless of their immigration status. The law also provides a framework for schools to respond to immigration agents and ensures that students and families are protected from aggressive immigration enforcement.
FAQs
Q: What is the purpose of the Safe Schools For All Act?
A: The purpose of the law is to enshrine a child’s right to public schools regardless of their immigration status and to prevent schools from adopting policies that could discourage kids from attending school.
Q: What are the key provisions of the law?
A: The law prohibits schools from adopting policies that could exclude or discourage students from attendance, such as requesting immigration status or a Social Security number, and requires schools to adopt policies for how to handle immigration agents who show up to schools.
Q: Who sponsored the bill?
A: The bill was sponsored by State Rep. Lilian Jimenez and State Sen. Karina Villa.
Q: When does the law go into effect?
A: The law goes into effect on January 1, 2026.
Q: What organizations helped draft the legislation?
A: The legislation was drafted with the help of immigrant and bilingual education advocacy organizations, including the Latino Policy Forum, Mexican American Legal Defense and Educational Fund, or MALDEF, and the Illinois Coalition for Immigrant and Refugee Rights, or ICIRR.
