For decades, children of undocumented families in the United States have had the legal right to attend public schools. This right is based on a 1982 Supreme Court ruling, which declared it unconstitutional to deny children an education due to their immigration status.
However, conservative politicians in states such as Oklahoma, Texas, and Tennessee are now questioning this right. They are considering a challenge to the 1982 ruling, known as Plyler v. Doe. With the Supreme Court’s conservative majority recently overturning key decisions on abortion rights and race in college admissions, some worry this precedent may also be at risk.
Supporters of Plyler v. Doe fear that if former President Donald Trump wins the 2024 presidential election, the issue could escalate to a national level. Trump has emphasized immigration in his campaign, promising to implement the largest deportation effort in U.S. history if he returns to office.
New Challenges in Local Schools
This debate over the education of immigrant children has already spread to towns like Saugus, Massachusetts, near Boston.
In a recent meeting, the Saugus Public Schools Committee approved a new admissions policy. This policy requires new students to submit immigration records, sign a residency statement, and provide housing and identity documents. The committee argues that these steps are meant to simplify the enrollment process.
However, critics say the policy’s demand for proof of “legal” residency and its threat of “criminal and civil” penalties for violators aim to exclude immigrants from local schools. Civil rights attorneys argue the requirements are too burdensome for many families and violate federal law. They believe the policy disproportionately affects children from immigrant families, even those with legal status, as they might lack some necessary documents.
Vincent Serino, the head of the Saugus School Committee, defended the policy at the August meeting. He stated that the policy was a reinforcement of existing residency rules and not intended to exclude immigrants.
However, a Nicaraguan woman shared her experience with the Associated Press, saying it took six months to enroll her 8-year-old child due to documentation requirements. She said the town would not accept her housing papers, and the school was unresponsive to her concerns.
Rising Numbers and Calls for Reform
In Saugus, the percentage of students learning English has risen to 31 percent over the past decade, far exceeding the national average of 10 percent. By comparison, Texas, with the highest number of English learners, stands at 20 percent.
This growing number of immigrant students in public schools has prompted calls for adjustments in the way schools serve English learners.
Until recently, denying children access to education based on immigration status was unthinkable for most educators and officials. However, Tom K. Wong, director of the U.S. Immigration Policy Center at the University of California, San Diego, notes that these ideas are gaining traction in certain political circles.
Earlier this year, the conservative Heritage Foundation recommended that states pass laws requiring undocumented families to pay for their children’s public education. In Oklahoma, Ryan Walters, head of the State Department of Education, proposed requiring schools to track the costs of educating undocumented children. Some school systems pushed back, refusing to collect such information.
Chris Payne, spokesperson for Union Public Schools in Tulsa, Oklahoma, pointed out that federal law prohibits schools from asking families about their immigration status or requesting proof of citizenship.
Efforts to limit the education of immigrant children in public schools have so far failed in Tennessee and Texas.
Legal Concerns in Massachusetts
Back in Massachusetts, legal experts say the Saugus policy has already posed problems for at least two immigrant families trying to enroll their children. Lawyers had to intervene to help these students get admitted to school.
Oren Sellstrom, of Lawyers for Civil Rights, argues the policy is illegal. “Schools should be welcoming all children in the district and providing them with an education,” he said.
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