SPRINGFIELD — Immigration rights advocates in Illinois are anxiously awaiting the governor’s signature on legislation aimed at protecting K-12 students who may be in the country without legal authorization from being denied access to a free public education.
House Bill 3247, known as the “Safe Schools for All Act,” passed both chambers of the General Assembly in the final days of the spring session. It would prohibit schools from denying any child access to a free public education based on their actual or perceived immigration status, or that of their parents.
It would also prohibit schools from disclosing, or threatening to disclose, information about a student’s immigration status or the status of a person associated with the child. And it would require schools to develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school or school facility.
The bill is intended to buffer K-12 students in Illinois from efforts by the Trump administration to launch mass deportations of noncitizens living in the United States without legal authorization.
Speaking at a May 7 rally outside the Statehouse, where Democratic lawmakers and immigration rights advocates protested an appearance in Springfield that day of Homeland Security Secretary Kristi Noem, state Sen. Karina Villa, D-West Chicago, the chief Senate sponsor of the bill, vowed that Illinois would remain defiant of Trump’s political agenda.
“We are also going to protect our children,” she told the crowd gathered around a statue of Abraham Lincoln. “We’re going to make them feel safe in our schools by passing HB 3247. We are going to unite and we are going to get that done.”
On Jan. 20, the first day of the new administration, the Department of Homeland Security rescinded a Biden-era policy that prevented federal agents from conducting immigration enforcement actions in certain “sensitive” areas, including schools, churches and hospitals.
Fred Tsao, an attorney for the Illinois Coalition for Immigrant and Refugee Rights, said during an interview that the policy change has had a chilling effect on the immigrant community, making many afraid to even show up in school.
“We have seen a decline in student participation, particularly among heavily Latino schools after this inauguration,” he said. “So we want to make sure that schools are prepared in the events that federal agents, or for that matter other law enforcement, come to their door in a nonemergency situation.”
Tsao said advocates have also been concerned about possible changes in other legal protections for immigrant students that so far have only been expressed in judicial opinions.
In 1982, the U.S. Supreme Court struck down a Texas statute that authorized local school districts to either deny enrollment to children who had not been “legally admitted” to the United States, or to charge them tuition, holding the law violated the Equal Protection Clause of the 14th amendment.
Tsao, however, said there have been attempts in other state legislatures, including earlier this year in Tennessee, to pass legislation that would challenge that 43-year-old ruling. And while the effort in the Tennessee legislature fell short this year, he said advocates in Illinois wanted to act now to make sure the rights of immigrant students are protected in state law, should the Supreme Court precedent ever be overturned.
“Fortunately, our counterparts in Tennessee, the immigrant advocacy organizations and community leaders, bombarded the General Assembly with advocacy work and were able to persuade a number of legislators to vote against this legislation when it came down to it,” he said. “But you know, that’s not to say that folks in Tennessee or folks in other states won’t try again.”
As of Wednesday, June 18, HB 3247 had not yet been sent to Gov. J.B. Pritzker.