Law / United States / 
Illinois
Public Higher Education Act: limits on public institutions disclosing students' and employees' immigration status
110 ILCS 167/18(a), (b) and (j)
In force since .
A sensitive categories rule binding government bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition
What it requires
- If you are a public institution of higher education, unless State or federal law or rule requires it, do not threaten to disclose the actual or perceived citizenship or immigration status of an employee, a student or a person associated with them to an external party, including immigration or law enforcement agencies (110 ILCS 167/18(b)(1)).
- Do not knowingly disclose, without the consent of the employee or student, anything related to the perceived immigration status of an employee, a student or a person associated with them to an external party where you lack direct knowledge of the actual status, and do not knowingly disclose anything related to the actual status to any other person or nongovernmental entity where you have direct knowledge of it (110 ILCS 167/18(b)(2) and (3)).
- Do not designate immigration status, citizenship, place of birth, nationality or national origin as directory information (110 ILCS 167/18(b)(4)).
These lines are LexLint's reading of the law's text.
What this law does
Section 18 of the Public Higher Education Act applies to a school, which it defines as a public institution of higher education. Unless required by State or federal law or rule, a school must not threaten to disclose the actual or perceived citizenship or immigration status of an employee, a student or a person associated with them to an external party, including immigration or law enforcement agencies.
A school must not designate immigration status, citizenship, place of birth, nationality or national origin as directory information. Beginning , any party aggrieved by conduct that violates subsection (b) may bring a civil lawsuit, and a court that finds a willful violation may award actual damages and grant injunctive relief.
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