Protecting Our Students: What You Need to Know About the Rights of Immigrants and the Threat of Deportation

All children have a right to a public education

Under federal law, all children, regardless of their citizenship or residency status, are entitled to a K-12 education, including
college counseling services. School districts that either prohibit or discourage children from enrolling in schools because they or their parents are undocumented immigrants may be in violation of federal law.

What the law says about sharing student information with immigration authorities

Under the Family Educational Rights and Privacy Act (FERPA), schools are prohibited, without parental consent, from providing information from a student’s file to federal immigration agents if the information would potentially expose a student’s immigration status. For more on FERPA, see studentprivacy.ed.gov/ferpa

Schools must be safe havens, welcoming places of learning and free from racism, discrimination, and the threat of deportation.

School districts are responsible for ensuring the safety and well-being of all their students. Educators and school support staff can work with community allies to reaffirm that their schools and campuses are safe zones. An important step includes reevaluating data-collection practices. Schools should think through and limit to the extent possible the information that is collected from students and their families (for example, for what purpose is the information collected and who has access to it). Avoid collecting information about immigration status, which has a deep chilling effect for families and possibly violates Plyler v. Doe, the Supreme Court decision guaranteeing access to K-12 public education for all children regardless of immigration status.

Please refer to the PDF version below for the complete resource.