Safeguarding Educational Access for Undocumented Students in a Specific State
In a significant move, Illinois has become the latest state to enshrine the right to a free, public education for all students, regardless of immigration status. The new law, House Bill 3247, has been signed into law by Democratic Gov. JB Pritzker.
The law, a response to the Trump administration's push for increased immigration enforcement across the country, aims to provide clarity and protect the rights of students. It prohibits districts and schools from detaining any individual solely on the basis of any formal or informal request, or immigration detainer or civil immigration warrant from an immigration agent.
School districts with large immigrant populations in Illinois reported an increase in absenteeism following the Trump administration's rescission of a longstanding "sensitive locations" policy. The new law is designed to address these concerns, ensuring that schools remain safe spaces for all students.
The law requires school districts to adopt clear policies protecting students from immigration enforcement activities in schools. It also mandates the implementation of policies that would limit immigration officers' access to schools. These measures are intended to create a uniformity in protecting the rights of all students, regardless of where they enroll.
The law is a significant step forward in the state's efforts to uphold the principles of equal access to education. MALDEF, an organisation that advocates for the rights of Latinos in the United States, has welcomed the new law. Jiménez, an attorney who practices immigration law and formerly worked with MALDEF, stated that the new Illinois state law would provide safer ground in Illinois if the Plyler decision were to be overturned.
The law codifies the right of undocumented students to receive a free, public education in Illinois. This move follows a trend, as at least six states have taken actions to challenge the 1982 U.S. Supreme Court decision in Plyler v. Doe, which granted a constitutional right to a free, public education to all students regardless of immigration status.
California, another state with a large immigrant population, has also taken steps to protect the rights of its students. California's Assembly Bill 699, passed in 2018, requires school districts to adopt policies limiting cooperation with immigration enforcement. In December 2024, California Attorney General Rob Bonta issued updated guidance for public institutions on limiting cooperation with immigration officers, including K-12 schools. The California Assembly Bill 699 and the December 2024 update guideline were supported or authored by Rob Bonta himself in his capacity as the Attorney General of California.
MALDEF plans to look for opportunities to make a similar mark in state law in other states and enshrine the principle of equal access to education. The organisation believes that codifying Plyler in more states would not only ensure equal access to education but also discourage actions that might discourage students from enrolling or attending.
The Heritage Foundation, a conservative think tank, has published a brief recommending that states pass legislation to challenge the 1982 Supreme Court decision in Plyler v. Doe. However, the new Illinois state law and similar measures in other states suggest a growing consensus that every child, regardless of their immigration status, deserves access to a quality education.
