Undocumented Students in Elementary and Secondary Schools

1. What is an undocumented student?


An undocumented student is a student who does not have legal documentation or authorization to reside in a particular country. In the United States, this most commonly refers to students who were brought into the country by their parents without proper documentation, often as young children. These students are sometimes referred to as DREAMers, referencing the Development, Relief, and Education for Alien Minors (DREAM) Act, a piece of proposed legislation that would provide a path to citizenship for these individuals. Undocumented students may face unique challenges in accessing education and other opportunities due to their legal status.

2. Can an undocumented student attend public schools in the United States?

It is important to note that immigration laws and education policies can differ between states and school districts, so it’s best to check with your local school district for specific information. However, according to the Plyler v. Doe Supreme Court decision in 1982, all children living in the United States have the right to attend public elementary and secondary schools, regardless of their immigration status. This includes undocumented students. Schools cannot deny enrollment based on a student’s immigration status or ask about their legal status as a condition for enrollment.

3. Are undocumented students eligible for financial aid or scholarships for college?


It depends on the specific criteria and requirements of the financial aid or scholarship program. Some programs may require applicants to be U.S. citizens or have legal residency status, while others may be open to undocumented students. It is important for undocumented students to research and inquire about eligibility for specific programs they are interested in. Additionally, there may be resources available specifically for undocumented students seeking financial assistance for college, such as private scholarships or state-funded aid programs.

4. How many undocumented students are currently enrolled in US schools?

As of 2019, it is estimated that there are around 1.5 million undocumented students enrolled in US schools. This number includes both K-12 and higher education students.

5. Can school staff and administrators ask about a student’s immigration status?


School staff and administrators are not permitted to ask about a student’s immigration status under the Family Educational Rights and Privacy Act (FERPA) which protects the privacy of student education records. However, school personnel may request proof of residency for enrollment purposes, but they cannot use this as a basis for inquiring about a student’s immigration status.

6. Are undocumented students required to disclose their immigration status to school officials?


No, undocumented students are not required to disclose their immigration status to school officials. The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records, including information about a student’s immigration status. School officials are only allowed to share this information with specific individuals or agencies under certain circumstances, such as a court-ordered subpoena.

7. Can an undocumented student face deportation from attending school in the US?


No, undocumented students cannot face deportation for attending school in the US. The Supreme Court has ruled in Plyler v. Doe that all children, regardless of their immigration status, have a right to receive a public education. Additionally, the Immigration and Nationality Act does not include attending school as a grounds for deportation. However, individual school districts and states may have policies in place that limit access to education for undocumented students.

8. Are there any specific legal protections for undocumented students in public schools?


Yes, undocumented students in public schools are protected by several federal laws:
1. Plyler v. Doe: This Supreme Court ruling states that all children, regardless of their immigration status, have a right to a free public education from kindergarten to 12th grade.
2. Equal Education Opportunities Act (EEOA): This law prohibits discrimination against any student in a public school based on their race, color, or national origin, including immigration status.
3. Title VI of the Civil Rights Act: Prohibits discrimination on the basis of race, color, or national origin in any program receiving federal financial assistance, including public schools.
4. Family Educational Rights and Privacy Act (FERPA): Protects the educational records of all students, regardless of their immigration status.
5. Individuals with Disabilities Education Act (IDEA): Mandates that all students with disabilities receive equal access to education and accommodations in public schools.
6. McKinney-Vento Homeless Assistance Act: Requires public schools to enroll homeless students, regardless of their immigration status, and provide them with necessary support services.
7. Every Student Succeeds Act (ESSA): Requires states and school districts to report data on academic achievement and graduation rates for all students, including undocumented students.

In addition to these federal protections, some states also have additional laws and policies in place to protect undocumented students in public schools. It is important for undocumented students and their families to familiarize themselves with these laws and policies and know their rights in order to advocate for themselves within the education system.

9. Can an unaccompanied minor who is also undocumented enroll in school without a guardian or parent present?


It is unlikely that an unaccompanied minor who is also undocumented would be able to enroll in school without a guardian or parent present. Each school district has its own policies and procedures for enrolling students, which typically involve providing proof of guardianship and/or legal guardianship forms. Additionally, schools may require documentation such as a birth certificate or social security number, which an unaccompanied minor may not possess. Without a legal guardian or parent present to provide these documents, the enrollment process may be difficult for the student. Furthermore, undocumented minors may face additional challenges in enrolling in school due to their immigration status. It is best to contact the specific school district for more information on their enrollment policies for unaccompanied minors who are also undocumented.

10. How do schools ensure the safety and well-being of undocumented students on campus?


1. Creating a safe and welcoming school environment: Schools can proactively work to create an inclusive environment where all students feel valued and supported. This can include displaying symbols of diversity and inclusivity throughout the campus, promoting cultural competency among staff and students, and addressing instances of discrimination or bias.

2. Providing resources for immigrant families: Schools can offer resources such as language services, mental health support, legal assistance, and information on community organizations that provide aid to immigrant families. These resources can help alleviate the stress and uncertainty that undocumented students and their families may face.

3. Protecting student privacy: School staff should be trained to handle information about a student’s immigration status in a confidential manner. Schools should also have policies in place to prevent sharing this information with outside parties unless required by law.

4. Supporting access to education: Undocumented students are entitled to a free public education under the Supreme Court ruling in Plyler v. Doe (1982). Schools should ensure that these students have equal access to educational opportunities, such as specialized programs or extracurricular activities.

5. Partnering with community organizations: Schools can collaborate with local service providers and advocacy organizations that support undocumented individuals. These partnerships can provide additional resources for students and families, as well as training for school staff on how to better support undocumented students.

6. Designating a point person for immigration-related concerns: Schools can designate a trusted staff member who is knowledgeable about immigration laws and policies as a point person for any related concerns or questions from students or parents.

7. Educating school staff on supporting undocumented students: It is important for all school staff, including teachers, counselors, administrators, and support staff, to understand the unique challenges faced by undocumented students so they can provide appropriate support.

8. Ensuring access to healthcare services: Undocumented students may face barriers in obtaining healthcare due to their immigration status. Schools can partner with local health clinics or hospitals to provide access to affordable healthcare services for undocumented students.

9. Providing emotional support: Undocumented students may face a range of emotional and mental health challenges due to their immigration status. School counselors and therapists can provide support and resources to help students cope with these challenges.

10. Encouraging open dialogue: Schools can create opportunities for open dialogue and discussion about immigration, diversity, and inclusion among students, staff, and parents. This can help foster a sense of understanding and empathy towards undocumented students in the school community.

11. Do schools have the right to deny enrollment to undocumented students if they are at capacity?


It is illegal for schools to deny enrollment to undocumented students, regardless of their capacity. All children, including those who are undocumented, have the right to a public education in the United States. The Supreme Court has ruled that denying education based on immigration status violates the Equal Protection Clause of the 14th Amendment and is therefore unconstitutional. Schools also cannot require proof of legal immigration status as a condition for enrollment.

12. Are there any resources available for parents of undocumented students navigating the education system in the US?

Yes, there are several resources available for parents of undocumented students navigating the education system in the US. Some examples include:

1. United We Dream: This is a non-profit organization that provides support to immigrant youth and their families. They have a “know your rights” guide specifically for undocumented students and families navigating the US education system.

2. Educators for Fair Consideration (E4FC): This is another nonprofit organization that offers resources and support for undocumented students and their families, including educational videos and guides on how to advocate for your child’s education.

3. The National Immigration Law Center: This organization provides legal support and resources for immigrants, including educational rights for immigrant families.

4. Your local school district: Many school districts have specific resources and programs in place to support undocumented students and their families, such as bilingual services or counseling services.

5. College Access Programs: There are several college access programs specifically designed for first-generation and undocumented students, such as TheDream.US and College Greenlight. These programs provide information on college admissions processes, financial aid options, and other resources for undocumented students.

6. Community organizations: Reach out to local community organizations that serve immigrant communities to ask about any available resources or workshops on navigating the education system as an undocumented family.

7. Legal aid offices: If you need legal assistance with navigating your child’s education as an undocumented family, there are many legal aid offices that offer free or low-cost services to immigrants.

Remember, you and your child have rights when it comes to accessing education regardless of immigration status. Do not be afraid to seek out these resources and advocate for your child’s education.

13. Do teachers receive training on how to support and address the unique needs of undocumented students?


It depends on the individual school and district policies, but there are a few ways in which teachers can receive training on how to support and address the unique needs of undocumented students.

1. Professional Development Workshops: Some schools and districts provide professional development workshops or trainings for teachers specifically focused on supporting undocumented students. These workshops may cover topics such as immigration laws, cultural sensitivity, trauma-informed teaching, and resources available for undocumented students.
2. School Policies and Protocols: Many schools have specific policies and protocols in place for supporting undocumented students. Teachers can receive training on these policies to ensure they are aware of their responsibilities and know how to advocate for their undocumented students.
3. Collaboration with Counselors and Support Staff: Teachers can also work closely with counselors, social workers, and other support staff who may have more specialized knowledge about working with undocumented students. They can collaborate to develop strategies for supporting these students academically and emotionally.
4. State or Federal Programs: In some states or districts, there may be state or federally funded programs that provide training or resources for educators working with undocumented students.
5. Personal Research/Education: Teachers can also educate themselves on the unique challenges faced by undocumented students by doing personal research, attending relevant conferences or workshops, or reading educational literature specifically focused on this topic.

14. Is it possible for an undocumented student to obtain a high school diploma or equivalency certificate in the US?


Yes, it is possible for undocumented students to obtain a high school diploma or equivalency certificate in the US. Many states allow undocumented students to attend public schools and graduate with a high school diploma. Additionally, some states also offer alternative pathways for obtaining a high school equivalency certificate, such as passing the General Educational Development (GED) exam or taking classes through adult education programs. However, the eligibility requirements may vary depending on the state or school district. It is important for undocumented students to research their specific state’s laws and policies regarding access to education and graduation requirements.

15. Can DACA (Deferred Action for Childhood Arrivals) recipients attend public schools in the US?


Yes, DACA recipients are eligible to attend public schools in the US. The Supreme Court ruled in 1982 that all children, regardless of immigration status, have a constitutional right to attend public schools. This includes DACA recipients, who have been granted lawful presence and work authorization in the US. However, DACA does not provide access to federal financial aid for college or university.

16. What are some common challenges faced by undocumented students in the education system?


Some common challenges faced by undocumented students in the education system include:

1. Limited access to financial aid and scholarships: Undocumented students are not eligible for federal financial aid, making it difficult for them to afford college tuition and expenses.

2. Fear of deportation: Many undocumented students live in constant fear of deportation, which can have a negative impact on their mental health and ability to focus on their studies.

3. Difficulty with obtaining necessary documents: Undocumented students may face challenges in obtaining necessary documents such as state IDs or social security numbers, which are often required for enrollment or participation in school activities.

4. Inability to work legally: Most undocumented students are not allowed to work legally in the United States, making it difficult for them to support themselves while attending school.

5. Discrimination and stigma: Undocumented students may face discrimination and stigma from peers, teachers, and administrators due to their immigration status.

6. Limited educational opportunities: Some states have restrictive policies that make it difficult for undocumented students to access higher education, limiting their educational opportunities.

7. Language barriers: Many undocumented students come from non-English speaking backgrounds and may face language barriers when trying to navigate the education system.

8. Lack of resources and support: Undocumented students often lack access to academic support services such as tutoring or counseling, making it harder for them to succeed academically.

9. Constant worries about family members: Many undocumented students have family members who are also undocumented, leading to constant worries about their safety and well-being.

10. Uncertainty about the future: The uncertain legal status of many undocumented students can create anxiety and stress about their future plans after graduation.

17. Are there any specific programs or initiatives aimed at supporting and empowering undocumented students?


Yes, there are several programs and initiatives aimed at supporting and empowering undocumented students in the United States. These include:

1. Deferred Action for Childhood Arrivals (DACA) – This program was established in 2012 to provide temporary protection from deportation and work authorization for undocumented individuals who came to the U.S. as children. It also allows them to apply for a Social Security number and driver’s license.

2. Dream Act – This legislation has been proposed by lawmakers multiple times since 2001 to provide a pathway to citizenship for undocumented youth who were brought to the U.S. as children.

3. State-level tuition equity laws – Currently, over 20 states have enacted laws that allow undocumented students to pay in-state tuition rates at public colleges and universities.

4. Undocumented student resource centers – Many colleges and universities across the country have established resource centers specifically designed to support and empower undocumented students.

5. Scholarships for undocumented students – Several organizations, such as TheDream.US and Golden Door Scholars, offer scholarships specifically for undocumented students.

6. Support networks and mentorship programs – Organizations like United We Dream and Immigrants Rising provide resources, community engagement opportunities, and mentorship programs for undocumented students.

7. Campus activism groups – There are numerous campus-based organizations dedicated to advocating for immigrant rights, including those of undocumented students.

8. Legal services – Some organizations, such as the Immigrant Legal Resource Center, offer free or low-cost legal services for undocumented students who need help navigating immigration issues.

9. Mental health resources – Undocumented students face unique challenges that can impact their mental health, so many universities offer counseling services tailored specifically towards this group.

10. Emergency funds- To address financial hardships faced by undocumented students, some colleges have set up emergency funding options that can help cover unexpected expenses or emergencies.

18. Are there any states that have passed laws prohibiting discrimination against undocumented students in education?


Yes, several states have passed laws prohibiting discrimination against undocumented students in education. Some of these states include California, Texas, Illinois, Washington, New York, Florida, and Connecticut. These laws generally ensure that undocumented students have the same access to public education as their citizen or legal resident peers. They may also prohibit schools from requiring proof of immigration status for enrollment and prevent discrimination based on immigration status in any educational programs or services.

19. Is it possible for an undocumented student to apply and be accepted into college without revealing their immigration status?


Yes, it is possible for an undocumented student to apply and be admitted into college without revealing their immigration status. Many colleges and universities do not ask about immigration status on their application forms. However, students may need to provide a social security number or other identifying information on financial aid applications or during the enrollment process, which could reveal their undocumented status. In some cases, undocumented students may choose to disclose their status in order to receive specialized support and resources from the university.

Additionally, some colleges and universities have specific policies and programs in place to support undocumented students, such as offering in-state tuition rates or scholarships for undocumented students. It is important for students to research and identify supportive institutions before applying.

Finally, under DACA (Deferred Action for Childhood Arrivals), certain undocumented individuals who arrived in the US as children may be able to obtain temporary protection from deportation and work authorization. This program may provide additional opportunities for eligible students to attend college without revealing their status.

20.Can someone born outside of the US but raised here since childhood still be considered an “undocumented” student?


Yes, it is possible for someone born outside of the US but raised in the country since childhood to be considered an “undocumented” student. This term refers to individuals who do not have legal immigration status in the United States, regardless of where they were born or how long they have lived in the country. These students may also be referred to as “Dreamers,” as many were brought to the US as children by their parents.