Updated: 4 Nov 2026
Changes to immigration enforcement and policies impact students and educators.
PUBLIC CHARGE: On September 18, 2026, the Department of Homeland Security (DHS) posted a final public charge rule, impacting individuals who are applying for a green card or visa. The “public charge” test considers whether a person applying for a visa for green card is likely at any time to become primarily dependent on the government for public assistance and allows immigration officials to decline applications based on these findings. This rule replaces guidance that limited immigration officers to only consider immigrants’ use of state cash assistance and long-term institutionalization and prevented DHS from considering other family members’ receipt of public benefits. Importantly, the new rule does not consider attending public school, using basic K-12 educational resources, or participating in school-delivered child nutrition programs as public charges.
5.1M
U.S. citizen children who live with an undocumented family member
Impact
The new rule allows DHS to assess whether family members, whom the applicant is legally obligated to support, have applied for, been approved for, or received income-based public benefits. A family member's participation in an income-based public benefit program could be considered as evidence of the applicant’s income and resources including financial aid for postsecondary education. Under this change, DHS could use students who are citizens’ income-based scholarships to determine the status of their family members, potentially to a harmful extent.
The guidance states that income-based childcare and child education can be considered by immigration officials during their assessment. The vagueness of the rule raises concerns that participation in the Child Care and Development Block Grant and Head Start will be used during families' public charge determination. Early childhood advocates noted that uncertainty around this decision will likely have a chilling effect on enrollment in these programs, regardless of their citizenship.
Possible Federal Action:
- Congress could hold a hearing on the impact and reasoning behind the new rule and ultimately push for the recission of the new rule.
- Advocates should write to DHS Secretary Markwayne Mullin and their Congressional representatives to share their thoughts on the new changes, sharing impact stories
Possible State Action:
- Illinois should work to ensure that undocumented and mixed status families impacted by these changes are aware and offer state-funded alternatives. Illinois has generally taken the view that early education pays dividends for the children and families involved, as well as the communities and state in which they live.
STUDENT AID: On August 7, 2026, a Southern Illinois federal judge struck down Illinois' Acevedo Act, the Retention of Illinois Students and Equity (RISE) Act, and the Illinois DREAM Act Scholarship program, finding that they unfairly provide benefits to undocumented residents pursuing higher education that are not available to all citizens. The three affected programs allow undocumented students who are residents of Illinois to qualify for in-state tuition, state aid, and targeted state-sponsored scholarships. The ruling applies to all Illinois public universities and community colleges, and impacts both new and continuing students.
20K
Students who may be impacted by the ruling.
Impact
Illinois' Acevedo Act, the Retention of Illinois Students and Equity (RISE) Act, and the Illinois DREAM Act Scholarship program ensured that a college education was affordable to all graduates of Illinois high schools. The Illinois Student Assistance Commission (ISAC) cannot distribute Monetary Assistance Program (MAP) grants or other state scholarships and grants to undocumented students, including awards already included in students’ financial aid packages. Given the loss of eligibility, thousands of students are at risk of dropping out or taking on substantial debt.
The ruling creates uncertainty for impacted students, families, and institutions. As a result, students may be discouraged from pursuing higher education, fearing unaffordability or hostility.
Illinois Response
- The 104th General Assembly passed HB 5093 (Public Act 104-0511), which expands the definition of residency for tuition purposes. This definition is expected to go into effect in June 2027 and restore eligibility for impacted students.
- The University of Illinois system opted to implement the expanded residency definition from HB 5093 early, with the definition going into effect for the 2026-2027 school year. In doing so, they are protecting all students’ access to in-state tuition at their campuses, but the newly-restricted access to state sponsored aid continues.
Possible Federal Action:
- Advocates and institutions should relay the impact of this ruling on their students, families, and institutional stability to their Congressional representatives. Congress could consider these stories when discussing the impact of this and other rulings on our higher education landscape.
Possible State Action:
- Institutions could assess which institutional scholarships that are available to all students (such as merit scholarships) continue to be accessible to undocumented students. Upon ensuring that the aid does not conflict with the recent ruling, institutions could invest in communicating eligibility with impacted students.
- The Governor’s Office could direct institutions to minimize harm through policies such as extending payment or enrollment grace periods, allowing students to defer admission where possible, and creating pathways for students to exit housing agreements or other institutional contracts if their enrollment changes.
- State leaders could accelerate the effective date of HB 5093 that confers residency benefits on students who attended or graduated from Illinois high schools.
- The General Assembly could refer to Minnesota’s tuition equity legislation that was upheld after a DOJ lawsuit as they consider how to continue supporting undocumented students in Illinois.
ICE & COMMUNITY DISRUPTIONS: Immigration and Customs Enforcement (ICE) has disrupted schools and school communities across the continuum, impacting learning for a broad swath of students.
38
Out of 77 Chicago communities saw sharper attendance drops during Operation Midway Blitz (2025)
~40%
Of hard-hit communities have large immigrant or Latino populations
Impact
Increased immigration enforcement, combined with the rescission of the Sensitive Locations guidance that had protected school campuses from ICE activity, has resulted in traumatic enforcement operations on and near school campuses. Recent reports indicate that aggressive enforcement has caused trauma for students, educators, and the broader community. As a result, educators have been pushed to take on a greater emotional support role.
Illinois Response:
- Illinois has taken legislative action to protect students and educators amid ongoing immigration enforcement activities. HB 3247 (Safe Schools for All) codified students’ right to public education and established protections surrounding student information. HB 1312 (the S.A.L.T. platform) requires universities and childcare centers to have procedures in place to address enforcement on campus and requests for information from officials. While the implementation of these programs is ongoing, early reporting has indicated a lack of compliance in some universities.
Here's What ICE Operations Have Meant for Students, Families, and Learning in Elgin
Possible Federal Action:
- Congress might codify sensitive locations protections at the federal level to help students and families feel safe when they are in school.
- The Government Accountability Office (GAO) may consider investigating the effects of immigration enforcement on the learning conditions for all students.
Possible State Action:
- Continue to identify areas where immigrant students and families are vulnerable and codify protections at the state level.
- The Illinois General Assembly and state agencies should support districts, universities, and early childhood providers as they work to comply with and implement new regulations consistent with Illinois law, such as providing implementation and monitoring compliance guidance. One example is the Illinois Department of Early Childhood’s Toolkit.
- State agencies might consider providing consistent updates and guidance to districts around student privacy protections and potential responses to federal enforcement actions.
- Increase mental health support for those impacted by ICE actions, including prioritizing the recruitment and retention of school-based mental health professionals and early childhood mental health consultants and using data from the Universal Mental Health Screenings to assess and address student needs.
Learn how federal changes are impacting Illinois school communities
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