Illinois 2025-2026 Regular Session

Illinois House Bill HB3247 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3247 Introduced , by Rep. Lilian Jimnez 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. LRB104 11044 LNS 21126 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3247 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: 105 ILCS 5/22-101 new 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. LRB104 11044 LNS 21126 b LRB104 11044 LNS 21126 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3247 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/22-101 new 105 ILCS 5/22-101 new
4	4	105 ILCS 5/22-101 new
5	5	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.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning education.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The School Code is amended by adding Section
15	15	5 22-101 as follows:
16	16	6 (105 ILCS 5/22-101 new)
17	17	7 Sec. 22-101. Denial of free education prohibited.
18	18	8 (a) The General Assembly finds that:
19	19	9 (1) In June 1982, the United States Supreme Court
20	20	10 issued Plyler v. Doe (457 U.S. 202), a landmark decision
21	21	11 that held that it is unconstitutional for states to deny
22	22	12 children a free public education based on immigration
23	23	13 status. The Supreme Court found that any resources that
24	24	14 might be saved from excluding undocumented children from
25	25	15 public schools were far outweighed by the harms imposed on
26	26	16 society at large from denying these children an education.
27	27	17 (2) For more than 40 years, Plyler v. Doe has ensured
28	28	18 equal access to education for children regardless of
29	29	19 immigration status, but anti-immigrant sentiment continues
30	30	20 to threaten that right.
31	31	21 (3) A positive and healthy school climate is one in
32	32	22 which children, educators, and staff feel safe, welcomed,
33	33	23 supported, and connected. In an effort to create a
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3247 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED:
38	38	105 ILCS 5/22-101 new 105 ILCS 5/22-101 new
39	39	105 ILCS 5/22-101 new
40	40	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.
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43	43	A BILL FOR
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68	68	1 positive school climate, State schools must take steps to
69	69	2 protect the integrity of school learning environments for
70	70	3 all children.
71	71	4 (4) Anti-immigrant rhetoric and threats directed at
72	72	5 immigrants, in the public forum and directed at
73	73	6 individuals, chills and discourages parents from enrolling
74	74	7 their children in schools to access the education that
75	75	8 they are entitled to.
76	76	9 (5) With risks of changes to approaches to immigration
77	77	10 policies and enforcement at the federal level, it is more
78	78	11 important than ever for the State to work to protect
79	79	12 children and ensure that, regardless of their immigration
80	80	13 status, they may continue to take advantage of the
81	81	14 education to which they are entitled, free from
82	82	15 intimidation or risk of a loss of access to resources and
83	83	16 programs that other students enjoy, consistent with Plyler
84	84	17 v. Doe as in effect on January 1, 2025.
85	85	18 (b) As used in this Section:
86	86	19 "Citizenship or immigration status" means all matters
87	87	20 regarding citizenship of the United States or any other
88	88	21 country or the authority, or lack thereof, to reside in or
89	89	22 otherwise to be present in the United States, including an
90	90	23 individual's nationality and country of citizenship.
91	91	24 "Civil immigration warrant" has the same meaning given in
92	92	25 Section 10 of the Illinois TRUST Act.
93	93	26 "Immigration agent" has the same meaning given in Section
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104	104	1 10 of the Illinois TRUST Act.
105	105	2 "Immigration detainer" has the same meaning given in
106	106	3 Section 10 of the Illinois TRUST Act.
107	107	4 "Prevailing party" includes any party:
108	108	5 (1) who obtains some of his or her requested relief
109	109	6 through a judicial judgment in his or her favor;
110	110	7 (2) who obtains some of his or her requested relief
111	111	8 through any settlement agreement approved by the court; or
112	112	9 (3) whose pursuit of a non-frivolous claim was a
113	113	10 catalyst for a unilateral change in position by the
114	114	11 opposing party relative to the relief sought.
115	115	12 "School" means every public school, school district, and
116	116	13 governing body, including special charter district and charter
117	117	14 schools, organized under this Code, and their agents,
118	118	15 including contracted parties.
119	119	16 (c) No child may be denied a free public education through
120	120	17 secondary school while in this State based on the child's or
121	121	18 associated person's perceived or actual citizenship or
122	122	19 immigration status.
123	123	20 (1) A school must not exclude a child, or associated
124	124	21 person, from participation in or deny a child, or
125	125	22 associated person, the benefits of any program or activity
126	126	23 on the grounds of that child's, or associated person's,
127	127	24 actual or perceived citizenship or immigration status.
128	128	25 (2) A school must not use criteria, measures, or
129	129	26 methods of administration that have the effect of
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140	140	1 excluding from participation or denying the benefits of
141	141	2 any program or activity because of a child's, or
142	142	3 associated person's, actual or perceived immigration
143	143	4 status. These criteria, measures, or methods of
144	144	5 administration include:
145	145	6 (A) requesting or collecting information or
146	146	7 documentation about citizenship or immigration status
147	147	8 unless required by State or federal law; and
148	148	9 (B) designating immigration status, citizenship,
149	149	10 place of birth, nationality, or national origin as
150	150	11 directory information.
151	151	12 (3) A school must not threaten to disclose information
152	152	13 regarding or relating to the actual or perceived
153	153	14 citizenship or immigration status of a child, or
154	154	15 associated person, or actually disclose information based
155	155	16 on perceived or unverified citizenship or immigration
156	156	17 status, to any other person, entity, or any immigration or
157	157	18 law enforcement agency.
158	158	19 (4) A school must not allow an immigration agent to
159	159	20 enter a school site or school district facility for any
160	160	21 purpose without providing valid identification, a written
161	161	22 statement of purpose, and a valid judicial warrant, and,
162	162	23 to the extent possible, receiving approval from the
163	163	24 superintendent of the school district or their designee,
164	164	25 or the principal of the charter school or their designee,
165	165	26 and their legal counsel, as applicable. A school district
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176	176	1 or school, whether public or charter, must not detain any
177	177	2 individual solely on the basis of any formal or informal
178	178	3 request, or immigration detainer or civil immigration
179	179	4 warrant from an immigration agent.
180	180	5 (A) An immigration agent that presents only a
181	181	6 civil immigration warrant must be denied entry unless
182	182	7 the immigration agent declares and supports the
183	183	8 existence of exigent circumstances.
184	184	9 (B) If an immigration agent provides a judicial
185	185	10 warrant, a school district or school, whether public
186	186	11 or charter, shall:
187	187	12 (i) make every feasible effort to contact the
188	188	13 school's legal counsel, review the judicial
189	189	14 warrant, and challenge the judicial warrant if it
190	190	15 is determined a challenge may be brought; and
191	191	16 (ii) the Attorney General shall represent the
192	192	17 school corporation in any cause of action brought
193	193	18 by the school district to challenge a judicial
194	194	19 warrant presented by an immigration agent to enter
195	195	20 a school site or school district facility.
196	196	21 (d) A school district or school, whether public or
197	197	22 charter, shall adopt a policy for complying with paragraphs
198	198	23 (1), (2), (3), and (4) of subsection (c).
199	199	24 (e) Any party aggrieved by conduct that violates
200	200	25 subsection (c) may bring a civil lawsuit. This lawsuit must be
201	201	26 brought not later than 2 years after the violation of
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