Bill
HB 3247
Prohibits denying public education based on immigration status and requires schools to adopt policies by July 1, 2026, plus procedures for law‑enforcement access.
Status and timing
- Introduced by Rep. Lilian Jiménez; approved by the Governor on August 15, 2025.
- Became Public Act 104‑0288; effective date: January 1, 2026.
- Key implementation deadline for schools: adopt required policies and procedures by July 1, 2026.
Purpose
- To reaffirm and operationalize the right of every child to equal access to a free public education regardless of immigration or citizenship status, consistent with Plyler v. Doe (457 U.S. 202 (1982)).
- To protect school learning environments from intimidation or deterrence caused by immigration or other law‑enforcement activity on campus.
Key provisions
- Scope: Applies to every public school, school district, governing body (including charter and special charter districts), and their agents/contractors.
- Non‑discrimination:
- No child may be denied a free public education through secondary school in Illinois based on the child’s (or a parent/guardian’s) actual or perceived citizenship or immigration status.
- Schools may not exclude students (or block parental engagement) from programs or activities on that basis.
- Data collection and directory information:
- Schools may not request or collect information or documents about citizenship/immigration status unless required by state or federal law.
- Schools may not designate immigration status, citizenship, place of birth, nationality, or national origin as “directory information.”
- Prohibited threats/disclosures:
- Schools may not threaten to disclose, or disclose based on perceived or unverified status, information about a student’s or associated person’s immigration/citizenship status to others or to immigration/law‑enforcement agencies, subject to applicable student‑records law and limited federal exceptions (e.g., Sections 1373/1644 of Title 8 as interpreted).
- Law enforcement / immigration agent access:
- Schools must develop procedures (by July 1, 2026) for reviewing and authorizing requests by law enforcement to enter school premises. Minimum elements include: designated authorized reviewer(s), review of warrants/subpoenas, monitoring/documenting interactions, and notification/consent procedures for parents or students (18+) for immigration‑related access, except where a judicial warrant/subpoena lawfully restricts notice.
- Schools must not detain an individual solely on the basis of an immigration detainer or civil immigration warrant.
- An immigration/law‑enforcement agent must present valid identification, a written statement of purpose, and a valid judicial warrant (per bill language) to gain access; narrow, safety‑exception conditions for entry (e.g., immediate threat or hot pursuit) are recognized.
- Policy adoption requirement: School districts and schools must adopt written policies implementing these rules by July 1, 2026.
Enforcement and remedies
- Private civil action: Beginning July 1, 2026, an aggrieved party may sue for violations. Lawsuits generally must be filed within 2 years of the violation.
- Remedies (as provided in the bill): If the court finds a willful violation of specified prohibitions, it may award damages (the bill provides for trebled actual damages or a statutory floor—$17,000—whichever is greater, in earlier versions/synopsis), injunctive relief (temporary or permanent), and reasonable attorney’s fees and costs to prevailing plaintiffs. Courts may also award other appropriate relief.
Who is affected
- Students and their parents/guardians in Illinois public and charter schools (including contracted service providers).
- School districts, schools, school administrators, and contracted agents.
- Federal, State, and local law‑enforcement and immigration agents interacting with school campuses.
Notes and limits
- The Act references compliance with existing federal and state student‑records law (e.g., FERPA) and preserves certain federal information‑sharing obligations as interpreted by courts.
- School resource officers are excluded from the bill’s definition of “law enforcement agent” where specified.
Compiled from official sources — confirm details with the bill’s official record.
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