Illinois Passes Bill to Protect Undocumented Students

By Saron Hatsey

E. Jason Wambsgans/Chicago Tribune/TNS

On August 15th, Illinois Governor J.B Pritzker passed House Bill 3247 granting the right to public education to both undocumented and documented students. The bill also protects students from being discriminated against due to their actual or perceived immigration status, and “prohibits school procedures or measures that have the effect of excluding or discouraging students from attending schools and school programs based on immigration status, including requesting a social security number.” (ICIRR).

The bill, led by sponsors Representative Lilian Jiménez and Senator Karina Villa, faced minimal opposition from opposing individuals or advocacy groups. Advocacy groups that worked to support the law passing included the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), the Latino Policy Forum, and the Mexican American Legal Defense and Educational Fund (MALDEF).

 “If students do not feel safe at school, academic success is a serious uphill battle and in a political climate where immigrant communities are being targeted for increasingly aggressive ICE enforcement, that challenge can feel insurmountable,” Erika Méndez of the Latino Policy Forum says.

As anti-immigration sentiment rises, many U.S states have recently been working on overturning the Supreme court decision Plyer V. Doe, which gave the right to public education to all children, regardless of immigration status. New Jersey had proposed a bill that would make non citizens or legal immigrants pay tuition for public schooling, while Texas governor Gregg Abott has expressed interest in challenging the law, stating that “the expenses are extraordinary and the times are different”. House Bill 3247 is a direct challenge of those attitudes, passing the first state law that explicitly protects these students and their rights.

Other states are working on passing similar laws to protect undocumented students or make education more accessible. California governor Gavin Newsom signed Senate Bill 48 into law on September 21st, 2025 which would not allow immigration officers to question students on campus without a warrant. New York currently has an active bill titled S7719A, which would broadly protect undocumented students from discrimination and bullying in regards to immigration status.