Protecting Immigrant Students
On his first day in office, President Trump removed protections from immigration enforcement in “sensitive locations,” including schools, courthouses, hospitals, and places of worship. Protecting schools and other sensitive locations from immigration enforcement ensures everyone can access basic services and community life without fear. Many locations listed under the policy continue to have rights, and schools can take steps to protect students and families from immigration enforcement.
Student Rights
All students have a right to enroll in public school, regardless of their immigration status.
Under the U.S. Constitution, public schools must teach all students free of charge, regardless of their documentation status.
States cannot withhold state funding for K-12 education because undocumented students are enrolled, and school districts cannot deny enrollment based on immigration status.
Students have the right to attend school without having to present a green card, visa, social security number, or any other proof of citizenship.
Schools should not inquire about students’ or their parents’ immigration status.
Schools cannot deny enrollment to students because they provide a birth certificate from another country.
Schools can require proof of residency in the appropriate school or district boundary.
A state or district may establish bona fide residency requirements and thus might require that all prospective students show some proof of residency.
Districts must permit parents to establish residency by providing a variety of documents as proof of residency and cannot require documents that would bar or chill undocumented students from attending.
Schools can require proof of age for enrollment.
Schools can use birth certificates to establish a student’s age but cannot do so in a way that unlawfully bars or prevents an undocumented student, a student whose parents are undocumented, or a homeless student from enrolling in and attending school.
What Schools Can Do
Schools, teachers, and administrators can take the following steps to protect the rights of immigrant students:
Develop a written policy and preparedness plans for how to respond to immigration enforcement, including in public and private areas of school buildings.
Consider limiting the information that is collected from students and their families, for what purpose, under what protections, and who has access.
Identify any applicable federal, state, and local laws and policies that protect immigrant students and ensure staff are trained on them.
Designate an authorized person to review warrants and subpoenas presented by ICE.
Document all interactions with immigration enforcement.
Connect with immigration response networks in your area.
Share “Know Your Rights" information widely with students and family members.
In addition to the above, schools can also create or update resolutions regarding immigration enforcement. Effective resolutions typically address a school’s commitment to support immigrant families, list support for affected families (e.g. legal services), and describe what policies and protocols are in place to protect them.
Create Family Emergency Plans
Schools can also support immigrant students and families by helping them create emergency preparedness plans in case they are affected by an immigration raid. Families should:
Identify a legal aid organization, legal advocate or pro bono attorney, and write down the organization’s or person’s contact information.
Identify at least two willing caregivers and write down their complete contact information.
Collect important documents for children, such as passports, birth certificates, Social Security cards, and school and medical records.
Save money for legal fees/bonds. Write down your information regarding financial records, bank statements, savings accounts, credit cards, etc.
Consider establishing a power of attorney for a designated caregiver, authorizing that adult to care for your children under the age of 18.
Do not carry any false documents.
Have your documents ready and organized: passports, IDs, attorney contact information, financial records, letters from immigration, and your Alien Registration Number, or A-Number, if you have a pending immigration case. All of these documents should be organized in a folder or binder for easy access in a place where your children, housemates or trusted relatives will be able to access it in case of an emergency.
Additional Resources:
Department of Education: Supporting Undocumented Youth
Immigrants Rising: Transforming Lives Through Education
National Immigration Law Center: Plyler and Data Collection Fact Sheet
Family preparedness plans from Immigrant Legal Resource Center, Latinx Alliance of Lane County, and Catholic Legal Immigration Network Inc.
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Please note that this information is general guidance and not legal advice. For legal advice, request a consultation from ICS or speak to an immigration attorney today.