Andru Volinsky alerts us to one of the other threats to education that may be coming for immigrant children.
School children who cannot prove they are legally in the US may soon be threatened with exclusion from public schools. Since 1982, when the Supreme Court decided the case of Plyler v. Doe, public schools have been required to accept children who immigrate to the US, regardless of their legal status. The Plyer opinion, however, was issued by a deeply divided court (five different justices wrote opinions) with only a bare majority deciding in favor of the school children. And now, much like the Roe v. Wade abortion decision, the Plyler decision is under attack by right-wing extremists. Texas governor Gregg Abbott has publicly challenged the decision and it appears there is an organized effort to overturn the right of immigrant children to attend public schools.
Earlier this year, the Saugus, MA School Committee adopted stringent proof of legal residency requirements for its school children shortly after Massachusetts governor Maura Healey announced a state of emergency concerning Massachusetts’ over 5000 recent immigrants, many of whom were from Haiti, Nicaragua and Venezuela. Saugus is a town of about 30,000 residents located just outside of Boston. The immigrants from these three nations were legally admitted to the US under a Biden administration special humanitarian parole program adopted in 2023.
Legislators in Oklahoma, Tennessee and Texas recently also considered legislation to either explicitly bar children from attending public school if they cannot prove they are legally in the US or to require extensive proof of legal residency that can then give local officials excuse not to admit students. The Saugus School Committee is reported to have deployed this tactic to delay admission of a six-year-old girl from Nicaragua for six months.
According to a Pew study released in July 2024, the unauthorized immigrant population in the United States was 11.0 million in 2022, the most recent year available. About 850,000 of these immigrants were children under 18.
About 4.4 million U.S.-born children under 18 live with an unauthorized immigrant parent. More than eight million workers in the US are unauthorized immigrants. Only 5 percent of these unauthorized workers are single persons without children. The remainder are heads of families most of which are of mixed legality of their immigration status.
If we exclude children from public schools because of their immigration status, how can we expect them to become “good citizens?”
