In the final days of the spring legislative session, Illinois lawmakers this week advanced a bill to the Senate that would prohibit public schools from denying a student’s access to free education based on that child’s immigration status or that of their parents — a move aimed at reinforcing long standing constitutional federal protections amid renewed scrutiny of immigrant rights at the state level.
The bill, sponsored by Chicago Democratic Rep. Lilian Jiménez, would prohibit a child within Illinois from being deprived of free public education through high school “based on the child’s perceived or actual immigration status or the child’s parent’s or guardian’s perceived or actual citizenship or immigration status.” The legislation also says a school must not exclude a child “from participation in or deny a child the benefits of any program or activity” for those same reasons.
The proposal comes as the Tennessee state Senate earlier this year passed a bill requiring citizenship or immigration documentation for schoolchildren in the state. Though that legislation has since fizzled for now because of pushback by its opponents, which include immigration rights advocates, according to news reports, it highlighted a broader national tension.
The Illinois measure, which seeks to create clear statutory language protecting immigrant school-age children or children of undocumented immigrants, passed Wednesday night by a 70-40 vote through the Democrat-led House. Two Democrats sided with Republicans in voting against it: Diane Blair-Sherlock of Villa Park and Michael Kelly of Chicago. The bill is now in the Senate for its consideration.
In a brief interview Thursday morning, state Rep. John Cabello, a Republican from Machesney Park, said he voted against the bill because he believes free education should be reserved for citizens.
“I’m Mexican, but I still believe that you should be a tax paying citizen to receive anything free from the government,” he said. “Why would we give people that are not from our country free schooling?”
Jiménez said she grew up with a parent who was undocumented, and, after Donald Trump’s second presidential victory, she feared for the future of families like hers.
During the House floor debate, Jiménez noted that federal law prohibits denying or eliminating access to public education based on immigration status but said that the right to public education “is eroded whenever people are afraid to exercise it.”
“In our state, there are parents who are afraid to send their children to school and children afraid to be at school. This is not conducive to learning,” said Jiménez. “It impacts all of our schools, families and communities. This bill is an opportunity to reassure families and students that their schools are safe as can be and to restore a proper learning environment.”
State Rep. Dagmara Avelar, a Democrat from Bolingbrook, recalled growing up as an undocumented student. She said not a day went by without her fearing immigration authorities would go after her parents at work.
“This was something that I was thinking about when I was a young person,” she said in support of the bill. “Yet, decades later, it seems that we’re seeing the same struggle and the same trauma with children happening right now.”
The bill would require a school to develop procedures for reviewing and authorizing requests from law enforcement agents trying to enter a school by July 1, 2026. It would also allow anyone aggrieved by a violation of the measure to file a civil lawsuit up to two years after the alleged infraction occurred.
Chicago Public Schools has maintained a strong and clear policy to not allow U.S. Immigration and Customs Enforcement agents to access school facilities unless they present a criminal judicial warrant signed by a federal judge. The district will also not share student information with ICE without a court order or parental consent.
CPS security video shows Secret Service trying to enter Hamline Elementary School
In a statement, a CPS spokesperson said that “in alignment with state and federal law, CPS strictly prohibits any form of discrimination or harassment and ensures that no student is denied access to educational services based on their immigration status.
“CPS policies firmly uphold that every child residing in Chicago — regardless of background — is entitled to a high-quality education in a safe and supportive environment,” it read.
For the Illinois legislation, Jiménez is among 30 House Democratic sponsors on her bill, a group that includes House Speaker Emanuel “Chris” Welch. There are also 12 Democratic Senate sponsors so far on the measure.
In an interview this week, Jiménez said her legislation is especially important in light of the Trump administration’s decision to rescind a Biden-era policy to protect certain areas, like churches and schools, from immigration enforcement. She also noted how last month, agents from ICE tried to enter one or two schools in Los Angeles but were not let in.
Jiménez also noted there were double-digit percentage drops in attendance in certain schools in January in her district, which includes schools with predominantly Latino populations in Chicago’s Humboldt Park, Belmont Cragin, and Hermosa areas.
Her district includes undocumented and “mixed-status” families, she said.
Data obtained by the Tribune through a Freedom of Information Act request show that attendance rates fell at all schools across the district the week of Jan. 20, when the 47th president was sworn in. Over 50% of students attending the 10 schools that experienced the biggest attendance drops are Latino, according to enrollment data on the district’s website.
The names of the schools are being withheld at request by CPS out of concern for potential retaliation from the federal government.
Erika Méndez, director of Pre-K-12 policy at the Latino Policy Forum, cheered the advancement of the legislation.
“Right now, in our communities, immigrant parents and their children are under incredible stress and anguish when considering whether it is safe to go to school. Schools should be safe and nurturing environments where all students, regardless of their immigration status, can thrive, and where parents can trust that they will see their children at the end of the school day, “ Mendez said. “The Safe Schools for All Act would help give parents and children that peace of mind.”
The bill, Jiménez said, remains a priority for the legislative Latino Caucus. She added that she has been working with the Illinois attorney general’s office to make the bill more resistant to any federal action. For her, it is personal.
Her mother was undocumented for the majority of her life “because of the difficulties with the immigration system,” Jiménez said.
Though her mother never had a criminal record and was an “exemplary” volunteer in her community, Jiménez said someone else in the same situation as her mother “is being targeted right now.” She wants to ensure that families in that situation as hers have peace of mind amid so much uncertainty.
“They’re knocking on people’s doors. They’re going to schools,” Jiménez said of the Trump administration. “Also, the fact that they’re throwing due process out the window…Everything they’re doing in the courts is completely unprecedented.”
