SPRINGFIELD – The Illinois State Board of Education is encouraging local school districts to adopt clear policies spelling out how and when their staff should cooperate with federal immigration officials carrying out enforcement actions or seeking information from school officials.
The “non-regulatory guidance” on immigration enforcement actions was issued Wednesday, Jan. 22, two days after President Donald Trump was inaugurated for his second term in the White House.
Almost immediately after the inauguration, Trump’s new head of the Department of Homeland Security, acting Secretary Benjamine Huffman, rescinded a Biden administration policy that had limited immigration enforcement actions in or near “sensitive locations” such as schools, playgrounds, child care centers and school bus stops.
“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/guardians,” State Superintendent of Education Tony Sanders said in his weekly message posted on the ISBE website.
Sanders cited a 1982 U.S. Supreme Court case, Plyler v. Doe, which struck down a Texas statute that barred children who were not “legally admitted” into the United States from enrolling in public schools, saying the law violated the 14th Amendment’s equal protection clause.
In announcing the policy change, however, DHS said the Biden administration’s policy had hampered legitimate law enforcement efforts.
“This action empowers the brave men and women in CBP (Customs and Border Protection) and ICE (Immigration and Customs Enforcement) to enforce our immigration laws and catch criminal aliens — including murders and rapists — who have illegally come into our country,” the agency said. “Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
During the 2024 presidential campaign, Trump vowed to crack down on illegal immigration into the United States. That included promises to carry out the largest mass deportation operation in U.S. history.
In his message, Sanders reminded school officials that they are not allowed to inquire about a student’s or parent’s citizenship status. But he said the guidance was being issued to respond to the “numerous requests” for information the agency had received from local officials about how to handle enforcement actions that federal agents might carry out on school grounds.
The guidance notes that federal law authorizes DHS to deputize state and local law enforcement officers to enforce federal immigration law. But it also reminds school officials that under a 2019 state law known as the Keep Illinois Families Together Act, no Illinois law enforcement agency or official is allowed to take part in such an agreement with U.S. Immigration and Customs Enforcement.
In addition, the guidance notes, the Illinois TRUST Act restricts the way law enforcement agencies and officials may participate in federal civil immigration matters.
“These pieces of legislation would apply to law enforcement agencies that might otherwise have a relationship or presence on the school’s property,” the document states.
The document advises districts to name a point person or department where federal authorities can be directed should they arrive on campus. It also advises designating a point person to review records requests or subpoenas from immigration agencies and to keep track of requests they receive in case that information is needed for future reference.
It also describes the differences between various types of documents that immigration officials might serve on school officials, such as federal court warrants, federal court orders, judicial subpoenas, civil immigration warrants, notices to appear and administrative subpoenas.
“ISBE strongly encourages school districts to work directly with their legal counsel to create board policies and administrative guidelines so school districts can ensure any potential response to a warrant or subpoena described above is legally compliant and aligns with that school district’s policies,” the document states.
Leaders of the state’s two largest teachers unions issued statements criticizing the new Trump administration policy.
Illinois Federation of Teachers President Dan Montgomery called it 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 issued a statement saying all children should have access to “an equitable, high-quality public education.”
“Our educators should not be put in the crosshairs of these political policies,” he said. “School employees should be allowed to focus on supporting and educating all our students. We will do whatever it takes to protect ALL students, our teachers, our school support staff, our communities.”
Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
