How Illinois' first-of-its-kind law shields immigrant students from ICE in schools

Time of India

8 hours ago

For immigrant families in Chicago, the simple act of sending a child to school has long carried an undercurrent of fear. The presence of federal immigration agents near campuses, intensified by the Trump administration's aggressive enforcement policies, created a chilling effect, leaving parents questioning whether their children were truly safe at school.
On Tuesday, Illinois lawmakers and immigrant advocates gathered outside Lloyd Elementary School in the Belmont Cragin neighborhood to celebrate a new state law meant to put those fears to rest, according to
Chalkbeat Chicago.
The Safe Schools For All Act, signed by Governor JB Pritzker last week and set to take effect January 1, 2026, enshrines a child's right to public education regardless of immigration status. According to advocates cited by
Chalkbeat Chicago
, it also requires school districts to adopt policies outlining how to respond if federal immigration agents come to campus — a measure experts say is crucial given recent history.
Roughly 100 supporters, including parents and elected officials, flanked the press conference, holding signs that read 'Education Not Deportation' and 'ICE out of Chi' as students peeked from second-floor windows.
'Parents have always counted on the supports from our principals and our teachers here at Lloyd; they protected our kids and made them feel safe,' said Maria, a third-grade parent who spoke to reporters in Spanish, as reported by
Chalkbeat Chicago.
'But now all of our communities are able to see that their schools and their families are protected, as they should be, from ICE.'
Codifying protections, preventing chilling effects
The law builds on the precedent set by the 1982 Supreme Court case Plyler v. Doe, which affirmed that all children in the United States have a right to free public education regardless of immigration status. Unlike some states, such as Tennessee, which have attempted to restrict undocumented children's access to schools, Illinois has moved in the opposite direction.
Advocates describe the law as 'first-of-its-kind' because it not only affirms educational rights but also prohibits school policies that could discourage attendance, such as requesting immigration status or Social Security numbers. Schools must now adopt clear procedures for responding to federal agents, including verifying warrants and other documentation.
Chicago Public Schools already maintains policies in line with the new law. Staff are instructed to contact district legal teams before allowing immigration agents on campus and to refrain from asking students about their status. These measures were codified in the previous Chicago Teachers Union contract, and union leaders have confirmed to
Chalkbeat Chicag
o
that the new law keeps those protections intact.
A response to past fears and future uncertainties
State lawmakers emphasized that the legislation was designed to give districts clarity amid uncertainty. 'People thought, 'Oh immigration is too confusing. If somebody comes to our school, what do we do?'' said State Rep. Lilian Jimenez, a main sponsor of the bill, according to
Chalkbeat Chicago
. 'Well you create a policy, and you all train on the policy and everybody knows what to do.'
The timing of the law reflects a response to federal actions.
Just days after Trump's second inauguration, the administration rescinded the 'sensitive location' policy, allowing ICE to make arrests at schools, hospitals, and child care centers. In January, roughly 100 people were arrested by federal agents in Chicago and its suburbs, and in February, a father was taken into custody while dropping his children off at school in Gage Park.
Those arrests contributed to a noticeable drop in school attendance, even as local administrators and advocacy groups worked to reassure families and provide 'Know Your Rights' trainings.
State lawmakers partnered with organizations such as the Latino Policy Forum, MALDEF, and ICIRR to draft legislation informed by the experiences of immigrant students and families.
'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,' said Fred Tsao, senior policy counsel for ICIRR, as reported by
Chalkbeat Chicago.
Balancing enforcement, equity, and liability
According to
Chalkbeat Chicago, t
he law faced opposition from some corners, including sheriff's departments and the Illinois Association of School Boards, which cited potential financial liabilities for districts due to litigation provisions.
Yet lawmakers maintained that clarity and protection for children outweighed those concerns. State Sen. Karina Villa, another bill sponsor, highlighted the broader social imperative: Families should be able to send their children to school without fear of federal enforcement.
In a landscape where immigration enforcement has often collided with education, Illinois has taken a deliberate step to safeguard children, codify protections, and ensure that schools remain spaces of learning rather than fear. For immigrant families across the state, the law signals more than policy — it promises a classroom where students can thrive without worrying about whether simply being there puts their families at risk.
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