Undocumented Children’s Rights to Attend Public School
Posted on May 20, 2014 4:16pm PDT
This month, school districts across the United States were reminded that students cannot be turned away from elementary or secondary schools because they lack immigration papers. Attorney General Eric H. Holder Jr. and Education Secretary Arne Duncan drew attention to an education policy that makes it illegal for schools to keep children out of school because they do not have a Social Security number, immigration status, etc. Every child in the United States is meant to have access to public education, they said.
This education policy was created by the U.S. Department of Justice and Department of Education, and it was formed from a Supreme Court ruling made in 1982, a case called Plyler v. Doe. The court decided that public schools cannot refuse to enroll students because they or their parents do not have legal immigration status. This applies to public schools through the 12th grade. Now schools are allowed to ask for certain documents, as districts need to know that the students attending their schools do in fact live in that area. But a phone bill or lease is enough.
A public school cannot deny a student because they or their parents lack:
- Driver's licenses
- U.S. birth certificates
- Social Security numbers
A few states have tried to change their school's policies in order to make driver's licenses or birth certificates mandatory, but immigration advocates and federal officials worked to end those rule changes.
Still, many other immigration policies are uncertain right now, as the future of immigration reform is in the balance. In this complex area of law, you need to understand your civil rights and your options under immigration law. If you would like to learn more about your legal protections, as well as ways that you can apply for a visa or some other immigration benefit, do not hesitate to talk to an immigration lawyer today! A dedicated legal professional can help you and your family uphold your rights.