Illinois Governor J.B. Pritzker has signed into law a measure designed to fortify protections for immigrant students, prohibiting schools from collecting information on citizenship status and restricting how they interact with federal immigration enforcement agents.

The new legislation, known as the “Safe Schools for All Act” (Public Act 104-0288), was signed on August 15, 2025, and codifies the principles of the landmark 1982 U.S. Supreme Court decision Plyler v. Doe, which guarantees all children access to a free public education regardless of their immigration status.

Under the new law, which takes effect January 1, 2026, public and charter schools across Illinois are explicitly barred from excluding children or denying them benefits based on their perceived or actual immigration status.

There have been documented instances of ICE agents entering schools or waiting outside school buildings to apprehend individuals. When families see or hear about immigration enforcement at schools, it reinforces the perception that schools are not safe spaces. The law directly responds to this by requiring schools to establish procedures for vetting law enforcement requests and documenting interactions—essentially making it harder for agencies to conduct surprise operations.

While the 1982 Supreme Court decision Plyler v. Doe established that children have a constitutional right to free public education regardless of immigration status, it does not address what happens when schools voluntarily share student information with federal authorities. The federal FERPA law (Family Educational Rights and Privacy Act) also has limited provisions regarding immigration enforcement. Illinois’s new law fills this gap by creating state-level protections that go beyond what federal law requires.

Before this law, schools had inconsistent policies regarding student immigration data. Some districts collected citizenship information as part of routine enrollment, while others tried to minimize data collection. The ambiguity created vulnerability—schools weren’t sure what information they could or should collect, and they had no clear procedures for responding to ICE requests. This inconsistency meant some districts might inadvertently expose student information or allow immigration enforcement access without proper safeguards.

The act goes further than simple non-discrimination, placing specific operational restrictions on school districts to prevent “chilling effects” that might discourage families from enrolling. Specifically, schools are now prohibited from:

• Requesting citizenship data: Schools cannot request or collect information about a student’s or parent’s citizenship or immigration status unless explicitly required by state or federal law.
• Sharing information: School officials are banned from disclosing—or threatening to disclose—a student’s immigration status to law enforcement or immigration agencies without direct knowledge and strict legal justification.
• Designating status as ‘directory info’: Immigration status, place of birth, and nationality cannot be designated as “directory information,” meaning it cannot be publicly released in student directories or yearbooks without privacy protections.

A significant component of Public Act 104-0288 addresses the physical presence of immigration enforcement on school grounds. By July 1, 2026, all school districts must develop and implement rigorous procedures for handling requests from law enforcement agents attempting to enter school facilities.

These procedures must include:

• Mandatory review of any warrants or subpoenas by school legal counsel.
• Documentation of all interactions with law enforcement agents on school premises.
• Requirements to notify parents if a law enforcement agent requests access to a student, unless a judicial warrant expressly forbids such disclosure.

The law distinguishes between “judicial warrants” (signed by a judge based on probable cause) and “nonjudicial warrants” (such as administrative warrants often used by ICE), offering schools clearer guidance on when they are legally compelled to grant access.

To ensure compliance, the act establishes a private right of action. Beginning in July 2026, families who believe their rights under this law have been violated can sue for damages and injunctive relief. Courts are authorized to award attorney’s fees to prevailing families, adding a significant financial incentive for school districts to adhere strictly to the new privacy and access protocols.

The law applies to all public K-12 schools in Illinois, including charter schools, which are now explicitly mandated to follow these provisions as part of their charter agreements.