Featured News 2014 Undocumented Children’s Rights to Attend Public School

Undocumented Children’s Rights to Attend Public School

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.

Related News:

Gang Affiliation may Disqualify Immigrants from Citizenship

The Gang of Eight, a bipartisan group of senators, recently unveiled their immigration bill. Now, the bill is undergoing scrutiny as authorities pick it apart and perfect it in a way that will be ...
Read More »

Eligibility for Asylum & Refugee Status

People all around the world chose to come to the United States of America for a wide variety of reasons. For some it is for business, for others it is education or to be with other family members. ...
Read More »

Were you a Witness? Another way to Fight in Court

Were you witness to a serious crime, and are you now at risk to being deported because you are an undocumented citizen? According to the Business Insider, you may be able to use your unique situation ...
Read More »