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.
As a result of the Plyler ruling, public schools may not:
- deny admission to a student during initial enrollment or at any other time on the basis of undocumented status;
- treat a student differently to determine residency;
- engage in any practices to "chill" the right of access to school;
- require students or parents to disclose or document their immigration status;
- make inquiries of students or parents intended to expose their undocumented status; or
- require social security numbers from all students, as this may expose undocumented status.
Students without social security numbers should be assigned a number generated by the school. Adults without social security numbers who are applying for a free lunch and/or breakfast program for a student need only state on the application that they do not have a social security number.
The Family Education Rights and Privacy Act prohibits schools from providing any outside agency - including the ICE agency - with any information from a child's school file that would expose the student's undocumented status. The only exception is if an agency gets a court order (subpoena) that parents can then challenge. Schools should note that even requesting such permission from parents might act to "chill" a student's Plyler rights.
Note as well that schools may not indicate Social Security cards and birth certificates are required before a family can register their child for school. Such practices are in direct violation of Plyler vs. Doe. Rather, it should be clear from the beginning that students without a Social Security number should be assigned a number generated by the school.
For example, some school districts are including language in their enrollment notices, like:
- "The XYZ Independent School District does not prevent students from enrolling if a Social Security card is not presented. The Social Security Number is used for identification purposes when reporting student information to the Texas Education Agency. The campus will assign a computer generated number when a card is not presented."
- "Providing a Social Security card or number is optional. The XYZ Independent School District will not refuse enrollment of any student opting not to provide a Social Security card/number. In lieu, a state identification number will be provided for educational purposes only."
- "If the student does not have a Social Security number, XYZ ISD will assign a Public Education Information Management System (PEIMS) number. No student may be denied enrollment solely because of failure to meet the documentation requirements. Enrollment is provisional, however, pending receipt of the required documentation and verification of eligibility."
While schools may request a birth certificate, they may not bar students from enrolling if they do not have a birth certificate. And parents should be assured that the
Family Educational Rights and Privacy Act
restricts schools from sharing information with the U.S. Immigration and Customs Enforcement agency.
At IDRA, we are working to strengthen schools to work for all children, families and communities. Help us make this goal a reality for every child; we simply cannot afford the alternatives. Denying children of undocumented workers access to an education is unconstitutional and against the law.
