Illinois Schools Prepare for Immigration Enforcement
SPRINGFIELD — The Illinois State Board of Education is encouraging local school districts to adopt clear policies outlining how and when their staff should engage with federal immigration officials conducting enforcement actions or seeking information from school officials.
The “non-regulatory guidance” on immigration enforcement was issued recently, shortly after the inauguration of President Donald Trump for his second term in office. The new head of the Department of Homeland Security, acting Secretary Benjamine Huffman, promptly rescinded policies from the previous administration that had limited immigration enforcement actions in “sensitive locations” such as schools, playgrounds, child care centers, and school bus stops.
State Superintendent of Education Tony Sanders emphasized, “All children in the United States are entitled to equal access to a basic public elementary and secondary education, regardless of their actual or perceived immigration status, or the status of their parents or guardians.” He referenced the landmark 1982 U.S. Supreme Court case, Plyler v. Doe, which struck down a Texas law that prevented undocumented children from enrolling in public schools, asserting that this law violated the 14th Amendment’s equal protection clause.
The recent announcement from the Department of Homeland Security indicated a shift in policy that authorities believe would support law enforcement efforts. The agency contended that previous restrictions hampered legitimate operations aimed at apprehending individuals with serious criminal backgrounds. They stated, “Criminals will no longer be able to hide in America’s schools and churches to avoid arrest.” The current administration aims to empower law enforcement to effectively enforce immigration laws.
In the context of the 2024 presidential campaign, Trump has committed to addressing illegal immigration, pledging to initiate significant deportation efforts. Against this backdrop, Sanders reminded school officials that they must not inquire about a student’s or parent’s citizenship status and that this guidance was issued in response to numerous inquiries from local officials regarding how to manage potential immigration enforcement actions on school grounds.
The guidance clarifies that while federal law allows the Department of Homeland Security (DHS) to deputize local law enforcement for immigration enforcement, Illinois law, notably the Keep Illinois Families Together Act, prohibits local law enforcement agencies from entering agreements with U.S. Immigration and Customs Enforcement (ICE).
Moreover, the Illinois TRUST Act governs how law enforcement interacts with federal immigration matters, restricting participation in such actions. The guidance document highlights that these laws apply to law enforcement that might operate on school grounds.
In light of possible federal inquiries, school districts are advised to designate a point person or department to liaise with federal authorities if they arrive on campus. It is also recommended that a designated individual be responsible for reviewing records requests or subpoenas from immigration agencies and tracking these requests for future reference.
The document outlines the distinction between various types of legal documents that immigration officials might present to school staff, including federal court warrants, federal court orders, judicial subpoenas, civil immigration warrants, notices to appear, and administrative subpoenas.
The Illinois State Board of Education urges school districts to collaborate with their legal counsel to formulate board policies and administrative guidelines that ensure any response to legal documents is compliant with regulations and consistent with district policies.
In response to the new policy, leaders of Illinois’ two main teachers’ unions voiced their concerns. Illinois Federation of Teachers President Dan Montgomery described it as a “sad and shameful day when schools, meant to educate and support students, are turned into sites of fear and chaos.”
Illinois Education Association President Al Llorens echoed these sentiments, stating that all children deserve equitable access to high-quality public education. He insisted that educators should not be made instruments of political agendas, expressing a commitment to protecting all students, teachers, and school communities from the impacts of these policies.
