School & Education

Does immigration status matter to receive public education?

No. The US Supreme Court ruled in Plyler v. Doe that undocumented children have the same rights as US citizens and permanent residents. All children in the United States have a right to public education. Schools must provide the same benefits and services to all children, regardless of immigration status. These protections are guaranteed from kindergarten through 12th grade. This applies to everyone until the age of 21. 

Any school district action that has the effect of denying an undocumented student access to public education is unlawful. Schools cannot require anything that may prevent children from going to school. Schools and school districts cannot force parents or guardians to provide their immigration status. They cannot force parents to provide their child’s immigration status. They also can't make inquiries that might reveal the child's status.

A student's school records are confidential and cannot be disclosed or shared without a parent's consent. When someone gives permission for someone else to do something This includes information about a student's immigration status. There are limited exceptions when a school may share a student's record. Learn more about school privacy protections for immigrant students. 

A new Illinois law requires schools to create procedures for dealing with immigration agents by July 1, 2026. Schools and ICE, 105 ILCS 5/22-105. These include procedures for:

• Contacting the school’s lawyer Someone who represents clients in courts or who gives legal advice and reviewing requests to enter the school,
• Documenting interactions with law enforcement, and
• Getting consent from a student’s guardian or a student if they are 18 or older when an immigration agent asks to see them. 

Starting July 1, 2026, a person can bring a civil lawsuit against a school that violates the law. They must bring the lawsuit within two years of the violation.