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Yes, Immigrant Children Have the Right to Go to US Public Schools

Yes, Immigrant Children Have the Right to Go to US Public Schools

Last Friday, the US Departments of Justice and Education issued a memorandum informing the nation’s school districts that it is against the law for school officials to request documents or other information that might reveal the immigration status of students enrolling in public schools.

In recent months, many school districts, including some in New York, have been requesting that parents provide their children’s immigration papers as a prerequisite for enrollment. Some states, including Arizona, Oklahoma and Tennessee, are considering legislation that would make it a requirement for prospective students to reveal their immigration or citizenship status.

The New York Times quotes from the memo from the Departments of Justice and Education:

“We have become aware of student enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’ actual or perceived citizenship or immigration status. These practices contravene federal law.”

…”The undocumented or noncitizen status of a student (or his or her parent or guardian) is irrelevant to that student’s entitlement to an elementary and secondary public school education.”

The officials cite Plyler vs. Doe, a 1982 Supreme Court decision which recognizes “the right of all children, regardless of immigration status, to attend public school as long as they [have] met the age and residency requirements set by state law.”

Last year, the New York Civil Liberties Union found that 139 school districts in New York state had required children’s immigration papers as a prerequisite for enrollment, or sought “information that only lawful immigrants could provide” from parents. No children had been turned away from enrolling in a school district if they did not provide the paperwork, but the NYCLU points out that parents could be deterred from enrolling their children out of fears that their legal status might be reported to federal authorities.

State officials in Maryland, New Jersey, Illinois and Nebraska have recently taken steps to stop the practice of school districts requesting information about immigration status. However, other states are considering legislation of an opposite sort, says the New York Times:

In Arizona, state lawmakers have considered a bill that would require the state’s Education Department to determine the number of public school students who are unable to prove lawful presence in the United States, officials said. Last year, a legislative committee in Oklahoma favored a bill to require public schools to determine, at the time of enrollment, whether a child was born outside the United States.

In Tennessee, state Rep. Terri Lynn Weaver, a Republican, has proposed a bill that would require parents to provide a student’s social security number, passport or visa when enrolling their child. According to EdWeek, “Weaver’s aim in introducing the bill, apparently, is to keep track of the number of undocumented students in the state and to analyze their financial impact on taxpayers.” In an Op-ed in the Tennessean, Colleen Cummings, a graduate student in public policy at Vanderbilt University, argues that such a bill would hinder equal opportunity under the law:

While the intent of the bill might seem reasonable, demanding documentation is unconstitutional, and will have negative unintended consequences. First, immigrant parents without proper documentation might be less likely to enroll their children in school for fear of how this information might be used. Such a situation could lead to some parents keeping their children at home. This might lead to an uneducated population, resulting in increased incarceration rates and higher proportions of welfare use.

Second, the purpose of the school is not to implement immigration law;nor are schools equipped to do so. The proper way to fix concerns about immigration is through federal laws that directly address this national issue. Requiring a Social Security number for school enrollment is not only unconstitutional under Plyler vs. Doe, but is also a barrier to equal education.

Cummings’ arguments provide further support for the memo issued by the Departments of Justice and Education. “The state should not risk wasting public resources on symbolic legislation that intrudes on an area currently reserved for the federal government,” she writes in regard to Tennessee — and her words apply also to New York, Oklahoma, Arizona and all the states of the union.


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Photo of students in Battery Park, NYC, by ActiveSteve

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8:22AM PDT on Jun 18, 2014

Immigrant children have no rights in the USA they are here illegally and they along with their parents and all other illegal aliens need to be rounded up and kicked out of the USA. They have no right to live here for free on the tax dollars of every legal citizen that pays taxes!!!!! Eisenhower deported over 11 million of the illegal bums in the 1950's and it is way past time to do it again!!!!!!! Even Harry Truman deported millions of them after WW2!!!

11:05PM PST on Jan 26, 2014

Legal immigrants do... Illegals or anchor babies do not..

4:44AM PST on Jan 25, 2014

thank you

1:33AM PDT on Oct 24, 2012

Thank you for article.

1:32AM PDT on Oct 24, 2012

Thank you for article.

3:06PM PST on Mar 2, 2012

Children should not suffer because of their parents' actions.

8:24AM PST on Jan 28, 2012

I have started my own Nurse Practitioner practice where I see people in skilled nursing facilities and I must tell you what a dangerous road I am on. Many of my patients do not speak English. They speak Spanish, Indian, Philippine, or something I can not even begin to understand. I have to have an interpreter just to get through an interview. These damn people need to learn English and that is my final word on it. I am going to start saying no to the patients who can not understand my English because I am not going to lose my license due to their laziness. Just how many lawyers are going to jump on lawsuits like this? Soon the medical field will get tired of it also.

11:38AM PST on Jan 27, 2012

Right on, Sam!!!
When in Rome.....

8:54AM PST on Jan 27, 2012

If you would have asked me 10 years ago or more if I thought illegal children should be allowed and education I would have said, "OF course! Everyone NEEDS an education!" In the last 10 years I have gotten wiser and had a child and the economy crashed. Now I know we cannot afford it. I know that my child's education suffers from these people and many are too lazy to learn English and many speak English, but think their country and culture is so great they do not teach their kids English and we foot the bill! If they think their country is so great then they should have stayed there or respect our country and speak English and teach their kids English, so we don't have to! Many don't even want their kids to play with American kids on the playground! If they feel that way they do NOT belong here! Too many Americans get either paid less or are denied jobs because they do not speak a second language! In IL (I am from Chicago) our drivers' test in in 17 different languages! So that means they cannot read the "NO TURN ON RED ON SCHOOL DAYS" signs! DANGEROUS!!!
If you think that illegals not speaking English is a huge problem or you would just like your child that speaks only English to get a fair chance in life you can sign a petition to make English our official language at:

7:01PM PST on Dec 1, 2011


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Kristina Chew Kristina Chew teaches and writes about ancient Greek and Latin and is Online Advocacy and Marketing... more
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