SB2065 amends the Illinois School Code to prohibit public schools, school districts, and charter schools from denying a child a free public education through secondary school based on the child’s or an associated person’s actual or perceived citizenship or immigration status. It also bars schools from excluding students or associated persons from programs or activities, using administrative practices that have the effect of discouraging participation, or requesting/collecting immigration-status information unless required by law. The bill further prohibits schools from threatening to disclose or actually disclosing immigration-status information to immigration or law enforcement agencies based on perceived or unverified status.
The bill also sets rules for immigration-agent access to school sites and district facilities. Schools may not allow entry without valid identification, a written statement of purpose, and a valid judicial warrant, and they must seek approval from school leadership and legal counsel when possible. Schools and districts are also prohibited from detaining individuals solely because of immigration detainers, civil immigration warrants, or informal requests from immigration agents. Each school district or school must adopt a compliance policy, and the bill creates a private right of action for aggrieved parties with a two-year filing window and potential damages of three times actual damages or $17,000, whichever is greater.
Impact
If enacted, SB2065 would add a new Section 22-101 to the School Code and create statewide statutory protections for students and families regardless of immigration status. It would regulate school data practices, confidentiality, access by immigration agents, and district response to immigration detainers or civil warrants, while also requiring local policies and authorizing civil enforcement. The bill would affect public schools, school districts, charter schools, and their agents, including contracted parties, and would likely require training and policy revisions across Illinois education systems.
Sentiment
The bill’s stated purpose and findings reflect strong support for protecting immigrant students and preserving access to public education, and the text frames the measure as consistent with Plyler v. Doe and school-climate goals. Because there were no committee transcripts or recorded votes provided, there is no documented opposition or support in the available history. Based on the bill language alone, the overall sentiment appears protective, rights-focused, and responsive to concerns about immigration enforcement in schools.
Contention
The main points of contention are likely to be the bill’s limits on school cooperation with immigration authorities, especially the requirement for a judicial warrant and restrictions on detaining individuals or sharing information. Another likely issue is the private right of action and damages provision, which could expose schools and districts to litigation and financial liability. The bill also goes beyond general nondiscrimination language by addressing immigration-agent access, which may raise concerns among those who favor broader local discretion or stronger enforcement cooperation.
Denial of an education based on immigration status prohibited, and civil cause of action provided when right to education is denied based on immigration status.
An Act to amend the Code of Virginia by adding a section numbered 22.1-2.2, relating to public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; requirements; civil cause of action.
A BILL to amend the Code of Virginia by adding a section numbered 22.1-2.2, relating to public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; requirements; civil cause of action.
Prohibits children from being denied access to a free public education on account of perceived or actual citizenship or immigration status or the perceived or actual citizenship or immigration status of their parents or person in a parental relationship.
Prohibits children from being denied access to a free public education on account of perceived or actual citizenship or immigration status or the perceived or actual citizenship or immigration status of their parents or person in a parental relationship.