SB2732 104TH GENERAL ASSEMBLY

LRB104 16031 LNS 29292 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2732

Introduced 10/28/2025, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

110 ILCS 167/18 new

Amends the Public Higher Education Act. Prohibits a school from threatening to disclose the actual or perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party; knowingly disclosing, without consent, anything related to the perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party if the school does not have direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status; knowingly disclosing, without consent, anything related to the actual citizenship or immigration status of an employee, a student, or a person associated with an employee or student to any other person or nongovernmental entity if the school has direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status; or designating immigration status, citizenship, place of birth, nationality, or national origin as directory information. Requires a school to develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school's campus by January 1, 2026. Requires a school to provide information on its website about who employees and students should contact if a law enforcement agent seeks to enter the school campus, enters the school campus, or engages in nonconsensual interactions with members of the school community by January 1, 2026. Prohibits a school from impeding students or employees from offering, attending, or participating in training on constitutional rights and immigration-related guidance. Allows aggrieved parties to bring a civil lawsuit. Makes other changes. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Higher Education Act is amended by adding Section 18 as follows:

(110 ILCS 167/18 new)

Sec. 18. Immigration status and immigration enforcement.

(a) As used in this Section:

"Citizenship or immigration status" means all matters regarding citizenship of the United States or any other country or the authority or lack thereof to reside in or otherwise to be present in the United States, including an individual's nationality, country of citizenship, or status as an international student.

"Employee" means a full-time or part-time faculty member, staff member, executive leader, supervisor, clerical person, student, or contracted member of personnel employed by a school whose role involves direct, routine, or meaningful interaction with students to support their academic progress, personal development, or well-being.

"Law enforcement agent" means an agent of federal, State, or local law enforcement authorized with the power to arrest or detain individuals or manage the custody of detained individuals for a law enforcement purpose, including civil immigration enforcement. "Law enforcement agent" does not include an agent of a school's police department.

"Nonjudicial warrant" means a warrant issued by a federal, State, or local governmental agency authorized with the power to arrest or detain individuals or manage the custody of detained individuals for any law enforcement purpose, including civil immigration enforcement. "Nonjudicial warrant" includes an immigration detainer or civil immigration warrant as defined in the Illinois TRUST Act. "Nonjudicial warrant" does not include a criminal warrant issued upon a judicial determination of probable cause, in compliance with the requirements of the Fourth Amendment to the United States Constitution and Section 6 of Article I of the Illinois Constitution.

"Prevailing party" includes any party:

(1) who obtains some of his or her requested relief through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief through a settlement agreement approved by a court; or

(3) whose pursuit of a nonfrivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

"School" means a public institution of higher education as defined in Section 5.

"School campus" or "school's campus" means:

(1) any building or property owned or controlled by a school within the same reasonably contiguous geographic area of the school and used by the school in direct support of or in a manner related to the school's educational purposes, including, but not limited to, residence halls; and

(2) property within the same reasonably contiguous geographic area of the school that is owned by the school but controlled by another person, is used by students, and supports school purposes, including, but not limited to, a food or other retail vendor.

(b) Unless required by State or federal law or rule, a school must not perform any of the following actions:

(1) Threaten to disclose the actual or perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party, including immigration or law enforcement agencies.

(2) Knowingly disclose, without the consent of the employee or student, anything related to the perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party, including immigration or law enforcement agencies, if the school does not have direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status, subject to the requirements of this subsection.

(3) Knowingly disclose, without the consent of the employee or student, anything related to the actual citizenship or immigration status of an employee, a student, or a person associated with an employee or student to any other person or nongovernmental entity if the school has direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status, subject to the requirements of this subsection.

(4) Designate immigration status, citizenship, place of birth, nationality, or national origin as directory information, as that term is defined by State and federal law.

Nothing in this subsection may be construed to:

(A) prohibit a school from complying with all applicable State and federal laws and rules, including, but not limited to, Section 214 of Title 8 of the United States Code;

(B) prohibit or restrict a school from sending to or receiving from the United States Department of Homeland Security or any other federal, State, or local governmental entity information regarding the citizenship or immigration status of an individual under Sections 1373 and 1644 of Title 8 of the United States Code;

(C) permit the disclosure of personally identifiable education records, as that term is defined by State or federal law, or information from those records without complying with State and federal laws and rules governing the disclosure of such records or information;

(D) prohibit schools from complying with valid judicial warrants, orders, or subpoenas; or

(E) prohibit or restrict a school from disclosing information necessary to respond to an administrative complaint or litigation brought against or by the school.

(c) A school must develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school's campus by January 1, 2026. The procedures must, at a minimum, include the following:

(1) procedures for reviewing and contacting a designated authorized person, office, or department at the school or school facility, which person, office, or department may contact the school's legal counsel, and procedures for that authorized person, office, or department or legal counsel to review requests to enter a school's campus, including judicial warrants or orders, nonjudicial warrants, and subpoenas;

(2) procedures for documenting all interactions with law enforcement agents while on the school's campus; and

(3) procedures for notifying and seeking consent from an employee or student if a law enforcement agent requests access to the employee or student for immigration enforcement purposes, unless such consent is prohibited by a judicial warrant or subpoena.

(d) A school must provide information on its website about who employees and students should contact if a law enforcement agent seeks to enter the school campus, enters the school campus, or engages in nonconsensual interactions with members of the school community, including employees or students, by January 1, 2026.

(e) A school shall adopt a policy governing the creation of procedures under subsections (b) and (c) by March 1, 2026.

(f) The General Assembly finds and declares that this Section is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.

(g) By January 1, 2026, a school shall provide immigration enforcement resources on its website to help students and employees understand their constitutional rights and access immigration-related guidance. These resources may include, but are not limited to, a link to illinoisimmigrationinfo.org. This information shall be posted in a clear and easily accessible location on the school's primary website.

(h) For the purposes of this subsection, "immigration enforcement activity" includes any arrests or detentions conducted by agents or officers of the United States Department of Homeland Security, United States Immigration and Customs Enforcement, or United States Customs and Border Protection or any other individual or entity with the power to arrest or detain individuals or manage custody of detained individuals for the purposes of civil immigration enforcement.

By January 1, 2026, a school shall adopt procedures designed to:

(1) determine if an immigration enforcement activity is occurring or has occurred on the school's campus, including verification of the first and last name, employer or agency, and badge number of the lead law enforcement agent, if possible; and

(2) notify the appropriate school-campus unit or area if the school confirms that immigration enforcement activity is occurring or has occurred on the school's campus that, in the judgment of school law enforcement or the school's public safety office, could adversely impact school-campus safety or operations.

(i) A school may not impede students or employees from offering, attending, or participating in training on constitutional rights and immigration-related guidance, including, but not limited to, attending know-your-rights training or sharing know-your-rights flyers.

(j) Beginning January 1, 2026, any party aggrieved by conduct that violates subsection (b) or (c) may bring a civil lawsuit. This lawsuit must be brought no later than 2 years after the violation of subsection (b) or (c). If the court finds that a willful violation of subsection (b) or (c) has occurred, the court may award actual damages. The court, as it deems appropriate, may grant, as relief, a permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

(k) Nothing in this Section may be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(l) Upon a motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under subsection (i). In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

Section 99. Effective date. This Act takes effect upon becoming law.