A new state law requires Illinois schools to implement policies establishing certain protections for immigrant students and imposing safeguards to monitor law enforcement activity in schools. 

Under P.A. 104-0288, a school may not exclude a student from any program or activity based on the actual or perceived immigration status of the student or the student’s parent or guardian. The law also prohibits schools from using any policy, procedure or practice which has the effect of excluding students from programs or activities based on the actual or perceived immigration status of a student or of the student’s parent or guardian. Additionally, the law bars schools from disclosing certain student immigration information to law enforcement.

Regarding civil immigration enforcement activities in schools, the law requires schools to develop procedures for reviewing and authorizing law enforcement conduct in schools, including:

• Procedures designating a school contact person to review law enforcement requests to enter the school, including the review of judicial warrants, nonjudicial warrants, and subpoenas.
• Procedures for monitoring or accompanying law enforcement agents while they are on school premises, as well as for documenting law enforcement actions on school premises.
• Procedures for notifying and seeking consent from student parents or guardians if law enforcement requests access to a student for immigration enforcement purposes, unless the requested access complies with a judicial warrant or subpoena that restricts disclosure to the student’s parents or guardians.

The law requires Illinois schools to adopt policies ensuring they are in compliance with all of the above provisions of P.A. 104-0288 by July 1, 2026. Under the law, any party aggrieved by a violation of the statute is authorized to bring a civil lawsuit for damages to remedy the violation.