School Opening Alert and Resources
See Spanish version of this alert
From Seattle to Miami, we deserve a country that enables us to take care of our families, regardless of our citizenship status. While certain politicians want to deny undocumented children or the children of undocumented people access to our neighborhood public schools, IDRA continues to work to strengthen public schools for all students. Our history shows that when families and communities come together, we ensure that all students have the freedom to learn, thrive, and succeed in the classroom.
As students, families and educators get settled in this new school year, this alert is a reminder that public schools, by law, must serve all students.
The U.S. Constitution guarantees immigrant students access to a free public education. And, like other students, undocumented children are required under state law to attend school.
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The U.S. Constitution guarantees immigrant students access to a free public education. And, like other students, undocumented children are required under state law to attend school.
Schools must follow certain school enrollment procedures to avoid violation of the civil rights of immigrant children and their families:
- Focus on teaching all students.
- Proactively show parents and family that their students are welcome.
- Ensure teachers and staff are properly trained about protecting the rights of children and on cultural competency.
- Communicate with parents and family in their language.
- Share information about resources for students, families and educators (in English and other languages at the school).
- Proactively address bullying and harassment so all students, including immigrant students, feel safe and welcome in school. (See IDRA’s toolkits.)
- Ensure law enforcement are not asked to handle routine discipline or administrative tasks. These tasks should not be part of their duties, are sometimes prohibited by state law, and may contribute to feelings of unease among some families.
School personnel – especially principals and those involved with student registration and enrollment – should be aware that they have no legal obligation to enforce U.S. immigration laws.
- Public schools may not deny admission to a student during initial enrollment or at any other time on the basis of undocumented status.
- Schools cannot treat a student differently to determine residency.
- Schools cannot engage in any practices to “chill” the right of access to school.
- Schools cannot require students or parents to disclose or document their immigration status.
- Schools cannot make inquiries of students or parents intended to expose their undocumented status.
- And schools cannot require social security numbers from all students, as this may expose undocumented status.
Learn More About Plyler v. Doe
In June 2022, IDRA honored the 40th anniversary of the Plyler v Doe decision with a set of tools, including a video featuring Dr. Albert Cortez, who testified in one of the Plyler cases in Texas. He sat down with IDRA chief legal analyst, Paige Duggins-Clay, J.D., to discuss the history of the case, the plaintiffs, the arguments, and the impact of the U.S. Supreme Court ruling.
Key Details for Schools
Schools should not use Social Security numbers for identification or registration purposes. For those schools that do, it should be clear from the beginning that students who do not present a Social Security number will be assigned a number generated by the school.
While schools may request a birth certificate, they may not bar students from enrolling if they do not have a birth certificate. 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 U.S. Immigration and Customs Enforcement 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.
The U.S. Department of Justice and the U.S. Department of Education in 2014 clarified the intent of the Plyler ruling in a letter advising school officials that activities that deny or discourage students to attend school are unlawful. The letter begins, “Under federal law, state and local educational agencies are required to provide all children with equal access to public education at the elementary and secondary level.”
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 people access to an education is unconstitutional and against the law.
Useful Tools
Even the threat of ICE raids can deeply affect students.
Read our guide for schools (updated Jan 2025): 10 Strategies for How Schools Should Respond to Help Children Impacted by ICE Raids. Available in English, Spanish, Korean, Vietnamese and Mandarin
Explore our joint toolkit: Understanding the Impact of Immigration Enforcement and Policy on Texas K–12 Schools
