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Students Must Have Education Regardless of Status

May 9, 2014

Students Must Have Education Regardless of Status

Author: New York Immigration Lawyer

“The Justice and Education Departments jointly issued an update of guidelines they published three years ago, reminding districts that they “may be in violation of federal law” if they turn students away because the children or their parents do not have immigration papers. The guidelines clarify what documents  schools can and cannot require to prove that students live in their districts” New York Times.

Sadly, too many schools violate this policy. According to Attorney General Holder, reports the New York Times, the policy guidelines were based primarily on a 1982 Supreme Court decision, Plyler V. Doe, which found that schools cannot deny access to public education through the 12th grade on the basis of a student’s immigration status. That mandate and civil rights laws also require schools to make sure students are not rejected because of their parents’ legal status.