HB3247 104TH GENERAL ASSEMBLY

LRB104 11044 LNS 21126 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3247

Introduced 2/18/2025, by Rep. Lilian Jiménez

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-101 new

Amends the School Code. Prohibits a child from being denied a free public education through secondary school while in the State based on the child's or associated person's perceived or actual citizenship or immigration status. Prohibits a school from excluding a child, or associated person, from participation in or denying a child, or associated person, the benefits of any program or activity on the grounds of that child's, or associated person's, actual or perceived citizenship or immigration status. Provides that a school must not use criteria, measures, or methods of administration that have the effect of excluding from participation or denying the benefits of any program or activity because of a child's, or associated person's, actual or perceived immigration status. Prohibits a school from threatening to disclose information regarding or relating to the actual or perceived citizenship or immigration status of a child, or associated person, or actually disclosing information based on perceived or unverified citizenship or immigration status, to any other person, entity, or any immigration or law enforcement agency. Provides that a school must not allow an immigration agent to enter a school site or school district facility for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and, to the extent possible, receiving approval from the superintendent of the school district or the principal of the charter school, and their legal counsel. Provides that a school district or school must not detain any individual solely on the basis of any formal or informal request, or immigration detainer or civil immigration warrant from an immigration agent. Requires a school district or school to adopt a policy for complying with the amendatory Act. Allows any party aggrieved by a violation of the provisions to bring a civil lawsuit no later than 2 years after the violation occurred. Provides that if the court finds that a violation has occurred, the court may award to the plaintiff 3 times actual damages or $17,000, whichever is greater. Makes other changes.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 22-101 as follows:

(105 ILCS 5/22-101 new)

Sec. 22-101. Denial of free education prohibited.

(a) The General Assembly finds that:

(1) In June 1982, the United States Supreme Court issued Plyler v. Doe (457 U.S. 202), a landmark decision that held that it is unconstitutional for states to deny children a free public education based on immigration status. The Supreme Court found that any resources that might be saved from excluding undocumented children from public schools were far outweighed by the harms imposed on society at large from denying these children an education.

(2) For more than 40 years, Plyler v. Doe has ensured equal access to education for children regardless of immigration status, but anti-immigrant sentiment continues to threaten that right.

(3) A positive and healthy school climate is one in which children, educators, and staff feel safe, welcomed, supported, and connected. In an effort to create a positive school climate, State schools must take steps to protect the integrity of school learning environments for all children.

(4) Anti-immigrant rhetoric and threats directed at immigrants, in the public forum and directed at individuals, chills and discourages parents from enrolling their children in schools to access the education that they are entitled to.

(5) With risks of changes to approaches to immigration policies and enforcement at the federal level, it is more important than ever for the State to work to protect children and ensure that, regardless of their immigration status, they may continue to take advantage of the education to which they are entitled, free from intimidation or risk of a loss of access to resources and programs that other students enjoy, consistent with Plyler v. Doe as in effect on January 1, 2025.

(b) As used in this Section:

"Citizenship or immigration status" means all matters regarding citizenship of the United States or any other country or the authority, or lack thereof, to reside in or otherwise to be present in the United States, including an individual's nationality and country of citizenship.

"Civil immigration warrant" has the same meaning given in Section 10 of the Illinois TRUST Act.

"Immigration agent" has the same meaning given in Section 10 of the Illinois TRUST Act.

"Immigration detainer" has the same meaning given in Section 10 of the Illinois TRUST Act.

"Prevailing party" includes any party:

(1) who obtains some of his or her requested relief through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief through any settlement agreement approved by the court; or

(3) whose pursuit of a non-frivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

"School" means every public school, school district, and governing body, including special charter district and charter schools, organized under this Code, and their agents, including contracted parties.

(c) No child may be denied a free public education through secondary school while in this State based on the child's or associated person's perceived or actual citizenship or immigration status.

(1) A school must not exclude a child, or associated person, from participation in or deny a child, or associated person, the benefits of any program or activity on the grounds of that child's, or associated person's, actual or perceived citizenship or immigration status.

(2) A school must not use criteria, measures, or methods of administration that have the effect of excluding from participation or denying the benefits of any program or activity because of a child's, or associated person's, actual or perceived immigration status. These criteria, measures, or methods of administration include:

(A) requesting or collecting information or documentation about citizenship or immigration status unless required by State or federal law; and

(B) designating immigration status, citizenship, place of birth, nationality, or national origin as directory information.

(3) A school must not threaten to disclose information regarding or relating to the actual or perceived citizenship or immigration status of a child, or associated person, or actually disclose information based on perceived or unverified citizenship or immigration status, to any other person, entity, or any immigration or law enforcement agency.

(4) A school must not allow an immigration agent to enter a school site or school district facility for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and, to the extent possible, receiving approval from the superintendent of the school district or their designee, or the principal of the charter school or their designee, and their legal counsel, as applicable. A school district or school, whether public or charter, must not detain any individual solely on the basis of any formal or informal request, or immigration detainer or civil immigration warrant from an immigration agent.

(A) An immigration agent that presents only a civil immigration warrant must be denied entry unless the immigration agent declares and supports the existence of exigent circumstances.

(B) If an immigration agent provides a judicial warrant, a school district or school, whether public or charter, shall:

(i) make every feasible effort to contact the school's legal counsel, review the judicial warrant, and challenge the judicial warrant if it is determined a challenge may be brought; and

(ii) the Attorney General shall represent the school corporation in any cause of action brought by the school district to challenge a judicial warrant presented by an immigration agent to enter a school site or school district facility.

(d) A school district or school, whether public or charter, shall adopt a policy for complying with paragraphs (1), (2), (3), and (4) of subsection (c).

(e) Any party aggrieved by conduct that violates subsection (c) may bring a civil lawsuit. This lawsuit must be brought not later than 2 years after the violation of subsection (c). If the court finds that a violation of paragraph (1), (2), (3), or (4) of subsection (c) has occurred, the court may award to the plaintiff 3 times actual damages or $17,000, whichever is greater. The court, as it deems appropriate, may grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

(f) Nothing in this Section shall be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(g) Upon motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under subsection (c). In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(h) The General Assembly finds and declares that this Section is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.