December 17, 2024, No. 1
Immigration Fast Legal Points for AEA Educators
- Under the U.S. Constitution, public schools must teach all students free of charge regardless of whether they are “documented.” The “Plyler Right” provides that states cannot withhold funding for K-12 education.
- School districts should not inquire about students’ or their parents’ immigration status. School districts cannot disclose personally identifiable students records without the written consent of parents or a lawful subpoena or court order.
- School districts can disclose students’ “directory information” unless the student’s parents have “opted out.”
- Under the new administration, it is likely that there may be ICE raids in schools and districts that do not have a “safe zone” policy. Many of the protections of immigrant students such as DACA or birthright citizenship may be curtailed.
What to Do, and What Not To Do for AEA Educators
- Encourage your school district to initiate a “safe schools” policy or resolution. Model policies for use are available through the AEA Legal Department.
- If ICE shows up at your school, direct them to the school district superintendent.
- Do not physically interfere with or obstruct an immigration officer.
- Do not conceal, harbor, or shield from detection someone the educator knows or should know is undocumented. This is a federal crime. Merely providing a place to stay for an undocumented person is not “harboring.”
