From the Bookshelves: Supporting Immigrant Students’ Rights to Attend Public Schools
As a new school year begins, this alert is a reminder that public schools, by law, must serve all children.
See IDRA’s eBook on Supporting Immigrant Students’ Rights to Attend Public Schools (in English-Spanish) and share it with others.
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 2014 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.
Practices that deny or discourage immigrant children and families from public schooling also:
Victimize children – Children do not choose the conditions under which they live in the United States. Many undocumented immigrant parents bring their children to the United States because they are fleeing extreme poverty, violence and lack of opportunities in their homeland. Children should not be punished for circumstances they do not control. They have the right to learn and be active 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. 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.
KJ