Resource Center

Immigrant Students’ Rights to Attend Public Schools – School Opening Alert

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See printable flier in English and Spanish (PDF)

This alert is a reminder that public schools, by law, must serve all children.

The education of undocumented students is guaranteed by the Plyler vs. Doe decision, and certain procedures must be followed when registering immigrant children in school to avoid violation of their civil rights.

The U.S. Department of Justice and the U.S. Department of Education published in May 2011 a letter advising school officials that activities that deny or discourage students to attend school are unlawful. The letter begins, “Under federal law, state and local educational agencies are required to provide all children with equal access to public education at the elementary and secondary level.”

In Plyler vs. Doe, the U.S. Supreme Court ruled that children of undocumented workers have the same right to attend public primary and secondary schools as do

U.S.
citizens and permanent residents. Like other students, children of undocumented workers in fact are required under state laws to attend school until they reach a mandated age.

School personnel – especially building principals and those involved with student intake activities – should be aware that they have no legal obligation to enforce

U.S.
immigration laws.

The Supreme Court arrived at this decision because such practices that deny or discourage immigrant children and families from public schooling:

Victimize innocent children – Children of undocumented workers do not choose the conditions under which they enter the

United States
. They should not be punished for circumstances they do not control. Children have the right to learn and be useful members of society.

Are counterproductive for the country – Denying children access to education does not eliminate illegal immigration. Instead, it ensures the creation of an underclass. Without public education for children, illiteracy rates will increase and opportunities for workforce and community participation will decrease. Recent research has proven that for every $1 spent on the education of children, at least $9 is returned.

Waste valuable time while losing sight of principal goals of public education – Rather than teaching students, school officials would spend their time asking our millions of school children about their citizenship status. States would be forced to spend millions of dollars to do the work of the U.S. Immigration and Customs Enforcement (ICE) agency.

Promote misinformation – Incorrect assumptions and inappropriate figures have been used to blame immigrants and their children for economic problems.

Encourage racism and discrimination – In turbulent, financially troubled times, immigration often becomes a focal point of public discourse. Many consider a preoccupation with the immigration status of children of undocumented workers to be a form of discrimination and racism.

As a result of the Plyler ruling, public schools may not:

• deny admission to a student during initial enrollment or at any other time on the basis of undocumented status;
• treat a student differently to determine residency;
• engage in any practices to “chill” the right of access to school;
• require students or parents to disclose or document their immigration status;
• make inquiries of students or parents intended to expose their undocumented status; or
• require social security numbers from all students, as this may expose undocumented status.

Students without a social security number should be assigned a number generated by the school. Adults without social security numbers who are applying for a free lunch and/or breakfast program for a student need only state on the application that they do not have a social security number.

The Family Education Rights and Privacy Act prohibits schools from providing any outside agency – including the ICE agency – with any information from a child’s school file that would expose the student’s undocumented status. The only exception is if an agency gets a court order (subpoena) that parents can then challenge. Schools should note that even requesting such permission from parents might act to “chill” a student’s Plyler rights.

At IDRA, we are working to strengthen schools to work for all children, families and communities. Help us make this goal a reality for every child; we simply cannot afford the alternatives. Denying children of undocumented workers access to an education is unconstitutional and against the law.

You can also visit IDRA’s website for a printable flier in English and Spanish as well as a copy of the letter from the U.S. Department of Justice and the U.S. Department of Education (May 2011) and the Department of Homeland Security Memorandum (June 2012)

In June of this year, the President directed the Department of Homeland Security to end the deportation of young undocumented immigrants brought here as children by their parents. An individual qualifies for this revised exercise of prosecutorial discretion if he or she:

• came to theUnited States
  under the age of 16;
• has continuously resided in the United States for a least five years before June 15, 2012, and was present in the United States on June 15, 2012;
• is currently in school, has graduated from high school, has obtained a GED certificate, or is an honorably discharged veteran of  the Coast Guard or  Armed Forces of the United States;
• has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and
• is not above the age of 30.

And in August 2012, Secretary of Homeland Security Janet Napolitano followed up by outlining the deferred action process for young people who are “low enforcement priorities.” IDRA’s website has links to these announcements and resources for undocumented students.

Comments and questions may be directed to IDRA via e-mail at feedback@idra.org.

[©2012, IDRA. This article originally appeared in the August 2012 IDRA Newsletter by the Intercultural Development Research Association. Every effort has been made to maintain the content in its original form. However, accompanying charts and graphs may not be provided here. To receive a copy of the original article by mail or fax, please fill out our
information request and feedback form. Permission to reproduce this article is granted provided the article is reprinted in its entirety and proper credit is given to IDRA and the author.]