Dive Brief:
- Proposals in at least five states are challenging a long-established legal precedent that guarantees a free public education to children regardless of their immigration status.
- The proposals in Oklahoma, Indiana, Texas, Tennessee and New Jersey vary. But they either seek to block students who lack permanent or temporary legal status from attending public schools or require proof of citizenship or immigration status for enrollment.
- Supporters say the Republican-led measures would help stem illegal immigration and focus education resources on U.S. citizens. Critics say it's in the best interest of the country to provide a free education to all children and that schools are legally obligated to serve all students.
Dive Insight:
Under the U.S. Supreme Court's 1982 decision in Plyler v. Doe, states can't prohibit school enrollment based on a student's immigration status.
But legislation proposed in New Jersey takes direct aim at Plyler, stating that the ruling "circumvents the states’ authority over education and has cost the State billions of dollars as illegal alien children benefit from a free public education."
The proposal calls for school districts to charge tuition for students who are not citizens or in the process of obtaining citizenship, or who do not have legal immigrant or visa status. Tuition would be set at a minimum of $1,000 per school year and a maximum of the state's annual per-pupil cost.
Tennessee's bill would simply allow school districts to refuse enrollment to "students who are unlawfully present in the United States."
In Oklahoma, the state education superintendent and governor, both Republicans, are at odds over a proposal to require proof of citizenship or legal immigration status of parents who are enrolling their children in schools. The Oklahoma State Board of Education in January approved administrative rules calling for the documentation at enrollment — a move supported by Superintendent Ryan Walters. However, the rules require state legislative approval, and Gov. Kevin Stitt has said he would veto the measure.
The proposals from the five states come as President Donald Trump is taking a promised tough stance against illegal immigration. In January, the U.S. Department of Homeland Security reversed its "sensitive areas" policy, which had discouraged immigration enforcement at schools, child care centers and colleges.
In response, several states and districts are updating their policies for when immigration enforcement occurs on campuses and issuing training and guidance for staff and families. And last month, Denver Public Schools filed what is believed to be the first lawsuit against Homeland Security over the new policy allowing immigration raids on school grounds.
"It’s in our collective interest to ensure that every child has access to K-12 public school, no matter how much money their parents have, what they look like, or where they were born," according to the Education For All campaign from the National Immigration Law Center.
The campaign began last year and includes more than 70 education, immigration rights and civil rights organizations.
Dive Awards
