Illinois Governor's Signature Sought on Legislation Protecting Immigrant Students' Access to Education

Strategic Insights -

A new Illinois law is poised to safeguard K-12 students from potential deportation or exclusion from public education due to their immigration status or that of their parents. House Bill 3247, the "Safe Schools for All Act," recently passed both chambers of the General Assembly. 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. The bill also seeks to shield students' immigration information from law enforcement. Advocates worry about a Trump-era policy change, which has led to decreased student participation in schools, particularly among heavily Latino schools. Illinois lawmakers aim to create state-level protections for immigrant students in case the U.S. Supreme Court precedents are challenged.

Key Takeaways:

  • House Bill 3247, the "Safe Schools for All Act," aims to protect K-12 students in Illinois from being denied access to a free public education due to their immigration status or that of their parents.
  • The bill prohibits schools from denying education to any child based on their actual or perceived immigration status or that of their parents.
  • It also bars schools from disclosing or threatening to disclose information about a student's immigration status.
  • Fred Tsao, an attorney for the Illinois Coalition for Immigrant and Refugee Rights, reports a decline in student participation, particularly among heavily Latino schools, following a policy change that removed protections in sensitive areas such as schools, churches, and hospitals.
  • Advocates are concerned about possible changes in other legal protections for immigrant students that have been expressed only in judicial opinions.
  • The bill's sponsors, including state Sen. Karina Villa, D-West Chicago, intend to create state-level protections in case U.S. Supreme Court precedents are challenged.
  • Illinois lawmakers face potential backlash from efforts like those in Tennessee, which aimed to pass legislation challenging a 1975 U.S. Supreme Court ruling that protected equal access to education regardless of immigration status.

Statistics:

  • 43 years since the 1982 U.S. Supreme Court ruling that struck down a Texas statute denying enrollment to children without legal admission (Plyler v. Doe).
  • 1 policy change revoked by the Department of Homeland Security on Jan. 20, 2021, removing protection for sensitive areas like schools, churches, and hospitals from federal immigration enforcement.
  • 1,000-50,000 estimated decline in student participation since the policy change, particularly among heavily Latino schools, according to Fred Tsao's report.
  • 1 state, Illinois, taking action to create state-level protections for immigrant students.

Sources:

  • Peter Hancock, Capitol News Illinois: "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."
  • U.S. Supreme Court decision in Plyler v. Doe (1982).
  • Department of Homeland Security policy change, effective Jan. 20, 2021.
  • State Sen. Karina Villa, D-West Chicago, speech at a May 7 rally.