Illinois Governor Signs Three Bills to Protect Native Americans in Illinois

CHICAGO - Governor JB Pritzker signed three legislations that would give Native and Indigenous Illinoisans more protection. The Human Remains Protection Act, or HB3413, provides protocols for dealing with graves and returning human remains to Native American Nations. SB1446 forbids educational institutions from forbidding graduates from donning traditional regalia. Native American history education is required in Illinois public schools under HB1633.

“Today, we take another step forward in repairing generations of harm and building a brighter future for our state’s Native American and Indigenous Peoples,” said Governor JB Pritzker. “At its core, this legislation is about respect. Respect for those who came before us and those who will come after—and that is why we want to teach our children this history, to avoid the mistakes of the past and to instill that respect from an early age.”

“As we are seeking new ways to continue to make Illinois inclusive and welcoming to all, our administration is committed to expanding protections for our Native and Indigenous Illinoisans - past, present, and future. Today’s bill signing is a measure to address the generational injustice, while we extend our hand in support for our Native and Indigenous communities,” said Lt. Gov. Juliana Stratton. “Thanks to the compassionate leadership of Governor Pritzker and members of the General Assembly, and the voices of residents in Illinois, together we honor the history, contributions, and experiences of Indigenous people with honesty and dignity at the forefront.”

The proposed HB3413 legislation is geared towards consolidating and streamlining the process of returning Native American remains and cultural artifacts to their respective tribal origins. A considerable number of these Native remains and artifacts are housed in museums across the country. This bill proposes amendments to the existing Human Remains Protection Act to facilitate collaboration between the Illinois State Museum and federally recognized tribes associated with Illinois. The intention is to identify the tribal origin of the remains and ensure they are returned for suitable burial rites.

The bill also provisions for the establishment of a cemetery for remains that cannot be identified. At present, Illinois hosts the second largest collection of unrepatriated remains in the United States. The Illinois State Museum has taken on the most extensive repatriation task in the history of the state. Any individuals found violating this bill will be obliged to pay restitution, which will be placed into a fund to support the reinterment or restoration of remains. The implementation of this law is with immediate effect.

SB1446 safeguards the rights of students in Illinois to display accessories that represent their cultural, religious, or ethnic background at graduation ceremonies. This legislation was introduced in response to an incident where a high school senior, Nimkii Curley, was not permitted to participate in his graduation ceremony unless he removed his traditional Native regalia. The statute defends not just the display of Native American and Indigenous cultural attire, but any attire tied to a student’s protected characteristic, as defined under the Illinois Human Rights Act. The law is effective immediately.

In a similar vein, HB1633 augments the mandatory curriculum for Illinois public schools to include Native American history. The law dictates that this must cover the genocide and forced displacement of Native Americans by settlers, as well as the history of tribes in the Midwest and across the country. In the past, Governor Pritzker has signed laws necessitating the teaching of Asian American and LGBTQ+ history in Illinois schools.

“It is important that our children’s learning experiences are formulated in an atmosphere that is both inclusive and equitable,” said State Senator Suzy Glowiak Hilton (D-Western Springs). “These new laws will empower students to express their cultural identity and provide them with a full picture of how our nation was founded. We need to invigorate our classrooms and present different perspectives to give our children learning opportunities they haven’t had before.”

“Native American history is Illinois’ history, from the awe-inspiring Cahokia mounds to the Illiniwek tribes encountered by French colonists to the tens of thousands of people of Native American ancestry who live in Illinois today,” said State Rep Maurice West (D-Rockford). “We must understand the history and experience of Native Americans if we want to truly understand our home state, but too many students miss out on this important aspect of our nation’s past and present. These laws will help preserve and promote the rich history of Native Americans in Illinois while ensuring students can freely honor their cultural, ethnic, or religious identity through their attire during their graduation ceremonies.”

“I can’t imagine how horrible I would feel if someone dug up the grave of my grandmother, stole a necklace she was buried with to be sold as a curiosity, and put her bones on display, but that’s what we’re talking about here,” said State Rep. Mark Walker (D-Arlington Heights). “Illinois’ past and present are better because of the history and impacts of Native Americans. Reconciling the sins of our past means ensuring these remains are reburied with the honor and respect they deserve.”

“We’ve longed for the day we can bring respect to our history and our ancestors the way they should’ve been respected centuries ago. Today means that can finally happen,” said Prairie Band Potawatomi Nation Chairman Joseph “Zeke” Rupnick. “This new law puts Illinois on a path to free the remains of our ancestors so they can be buried with the dignity they always deserved.”

“The new Human Remains Protection Act is just one step in our commitment to continue to elevate Indigenous voices at the Illinois State Museum,” said Jenn Edginton, interim director of the Illinois State Museum. “Native people have always been on the land on which we stand. Their stories are the stories of Illinois. The Illinois State Museum and the Illinois Department of Natural Resources are committed to continuing to ensure Native stories are heard and that we continue to collaborate with them.”