According to a recent article in the New York Times, one in five schools are requiring immigration related documents or immigration related information before the child will be accepted into the school program. The school districts defend their actions by stating that immigration status is only one factor in many that they consider. This new requirement is putting fear in the hearts of many undocumented families, because they worry that the school district will refer their information over to the immigration authorities if they are undocumented.
This new trend is disturbing because it appears to be unconstitutional. The US Supreme Court in 1982 held that all children residing in a district have the right to free education and equal access to education from grades kindergarten to 12th grade, regardless of whether they are legal in the US or not. The case that upheld this pro-immigration rights decision is Plyler v. Doe.
The Civil Liberties Union has recently taken action by sending letters to these school districts advising them that their practice may be unconstitutional. Only the Williamsville Central School District has not responded positively. The other school districts changed their registration requirements. The Williamsville Central School District, outside Buffalo, demands that a visa be supplied in order for the child to register. The Williamsville School District also states that they use the visa requirement as just only one of the requirement, not as the deciding factor.
Thank goodness that at least in 1982, the US was not anti-immigration, as shown by the above US Supreme Court case.
For more information, please refer to this direct link at http://www.nytimes.com/2010/07/23/nyregion/23immig.html?src=me