In the United States, the right to public K-12 education doesn’t depend on immigration status.
Undocumented students can enroll in their local public schools after a 1982 Supreme Court decision overturned a Texas law.
That means schools shouldn’t put up barriers to undocumented or other immigrant students enrolling.
Knowing their children have the right to attend public schools could help empower parents and guardians to advocate for their children to have a quality education, said Edgar Palacios, founder of Revolución Educativa, a local nonprofit organization that uses political engagement and advocacy around education issues to empower the Latinx community.
Schools can’t have enrollment requirements that exclude undocumented students
Guidance from the Justice Department’s Civil Rights Division and from the Education Department’s Office for Civil Rights says schools may be violating federal law if they “prohibit or discourage” students from enrolling because of their own or their parents’ or guardians’ immigration status.
With the exception of unhoused students, most public school students have to prove their age and that they live in the district before they can enroll in school. That’s the case for undocumented students and other immigrants, but schools have to provide them with viable options to meet the requirements.
For example, utility bills are a common proof of residence option, and schools could accept foreign birth certificates, religious or hospital records, or an affidavit from a parent as proof of age. Locally, Kansas City Public Schools requires photo identification from parents, but it accepts IDs that aren’t government-issued, such as a work badge.
A school district can’t insist that families submit U.S. birth certificates for students or government-issued photo identification for parents or guardians, the guidance states. Schools can request but not require students’ Social Security numbers and race and ethnicity data during enrollment.
Exercise caution when sharing information with your school
There could be advantages and drawbacks to sharing immigration information at school.
Deciding whether to be open about one’s immigration status is an individual decision, said Denia Pérez, director of legal services for Immigrants Rising, a San Francisco-based nonprofit that helps undocumented immigrants pursue education and careers.
Advantages to sharing that status could include getting advice, resources and support tailored to your situation, she said. Drawbacks could include negative or harmful treatment, especially if your school or state tends to be hostile to undocumented immigrants.
If your child’s school does end up with documents about your immigration status, that information should generally be kept private along with the rest of your child’s educational record because of the federal Family Educational Rights and Privacy Act.
But there are exceptions to FERPA, and schools are vulnerable to security breaches from hackers.
To safeguard students’ privacy, do not put information about their immigration status in writing, said Robert Sagastume, the newest Kansas City Public Schools board member. That’s the practice he follows at his day job working with high school students as a senior student adviser for the Hispanic Development Fund.
Sagastume doesn’t directly ask students about immigration status. Instead, he said he asks more specific questions such as whether a student can provide a Social Security number to fill out the Free Application for Federal Student Aid, or FAFSA. If students choose to share immigration information, he assures them he’ll keep it confidential.
A U.S. Department of Education resource guide on supporting undocumented youth also advises that school personnel educate themselves on immigration issues, highlight postsecondary opportunities for undocumented students and connect families to other community resources for immigrants.
Remember your Fifth Amendment rights
Some immigrant rights aren’t unique to a school setting.
Schools are on Immigration and Customs Enforcement’s list of protected areas — places the agency typically avoids in order to not restrict access to essential services.
But if a student ever is approached by police or ICE at school or on the way there, they can invoke their Fifth Amendment rights — such as the right to remain silent, to refuse to sign anything without a lawyer present, and to have an attorney in criminal proceedings, Pérez said.
