Illinois has become the first state to codify constitutional education protections for immigrant students.

Governor J.B. Pritzker signed House Bill 3247, officially designated as Public Act 104-0288, on August 15, 2025, with the legislation taking effect January 1, 2026. The new law, known as the “Safe Schools for All Act,” restricts schools from collecting citizenship information and limits immigration enforcement access to school facilities.

The legislation codifies into Illinois law the principles established in the landmark 1982 U.S. Supreme Court case Plyler v. Doe, which held that states cannot constitutionally deny children access to free public K-12 education based on their immigration status. In that case, the Supreme Court ruled that Texas violated the Equal Protection Clause of the 14th Amendment by withholding state funds from school districts that educated undocumented children and allowing districts to charge tuition to those families.

The Safe Schools for All Act establishes multiple layers of protection designed to ensure that no child is denied access to education based on actual or perceived immigration status.

Non-Discrimination Requirements

The law prohibits schools from denying any child a free public education through secondary school based on the child’s perceived or actual immigration status or the citizenship or immigration status of the child’s parent or guardian. Schools cannot exclude children from participation in or deny them the benefits of any program or activity on these grounds.​​

Information Collection Restrictions

Schools are barred from requesting or collecting information or documentation about a student’s or their family’s citizenship or immigration status unless specifically required by state or federal law. The legislation also prohibits schools from designating immigration status, citizenship, place of birth, nationality, or national origin as “directory information” that could be publicly released in student directories or yearbooks.​​

Disclosure Prohibitions

The law creates strict limitations on schools’ ability to share immigration-related information. Schools cannot threaten to disclose anything related to the actual or perceived citizenship or immigration status of a child or associated person to any other entity or immigration or law enforcement agency. Schools are also prohibited from disclosing such information to non-governmental entities or law enforcement agencies except as required under federal law, specifically citing compliance with Sections 1373 and 1644 of Title 8 of the United States Code.​​

Law Enforcement Access Protocols

One of the most significant components of Public Act 104-0288 addresses how schools must handle requests from law enforcement agents, including immigration enforcement officials, who attempt to enter school facilities.

By July 1, 2026, all schools must develop and implement comprehensive procedures for reviewing and authorizing such requests. These procedures must include:​​

• A designated authorization process involving a school official and the district superintendent’s office or school administrative office, with the option to contact legal counsel​
• Review protocols for judicial warrants, nonjudicial warrants, and subpoenas​​
• Procedures for monitoring, accompanying, and documenting all interactions with law enforcement agents while on school premises​
• Requirements to notify and seek consent from a student’s parents or guardian (or from the student if they are 18 years old or older or emancipated) if a law enforcement agent requests access to a student for immigration enforcement purposes, unless such access is required by a judicial warrant or subpoena that restricts disclosure​

The legislation distinguishes between “judicial warrants”—criminal warrants issued by a judge based on probable cause in compliance with the Fourth Amendment—and “nonjudicial warrants,” which include immigration detainers or civil immigration warrants as defined in the Illinois TRUST Act. This distinction provides schools with clearer guidance on when they are legally compelled to grant access to law enforcement.​​

Notably, the law specifies that “law enforcement agent” does not include school resource officers as defined in Section 10-20.68 of the School Code.

The law establishes a phased implementation timeline to allow schools to develop appropriate policies and procedures.​​

Schools must adopt comprehensive compliance policies covering all provisions of the law by July 1, 2026. This deadline applies to all public schools, school districts, charter schools, and special charter districts organized under Illinois law.​

Charter schools are explicitly required to comply with Section 22-105 (the new provisions established by this Act) as part of their charter agreements. ​​

Beginning July 1, 2026, the law provides enforcement mechanisms to protect students and families whose rights are violated.​​

Any party aggrieved by conduct that violates the law’s provisions may bring a civil lawsuit no later than two years after the violation occurred. ​​

The Safe Schools for All Act was part of a broader package of education-related measures signed into law by Governor Pritzker in 2025. Other significant education laws taking effect January 1, 2026, include:​

• HB 460: Expands eligibility for publicly funded scholarships administered by local governments to students regardless of citizenship or immigration status​
• HB 1859: Requires community colleges to ensure courses are taught by qualified faculty members and prohibits using artificial intelligence programs “as the sole source of instruction” in lieu of faculty​
• HB 1312: Restricts licensed child care centers from disclosing the immigration status of children or their families and bars public colleges and universities from disclosing the immigration and citizenship status of students and employees