Legal Status and Education

By: Amanda Jonsgaard, Jeff Keepman, Rita Fleming and

Shawn Friberg

- Immigrants and schools quiz

-Legal issues for schools regarding undocumented students

-What students should know about their immigration status    -rights, opportunities    -post-secondary opportunities

-The personal perspective    -student, teacher, parent

Agenda

Quiz:1. There are more immigrant students in elementary

than in secondary schools.

• 1. False - There are more immigrant students in secondary schools. Immigrant children make up 5.7% of high school students and 3.5% of elementary students. Recently arrived represent a larger share of secondary schools as well (2.7% vs 2.0%)

Quiz:2. Undocumented students are more likely to be enrolled

in secondary than elementary school.

• True - Undocumented students are more likely to be enrolled in secondary than elementary school. 1.5% of children PK-5th are undocumented; 3% of secondary students are undocumented. (Undocumented parents 5% and 4% respectively)

Quiz:3. The majority of immigrant students nationally and in Minnesota

come from Mexico.

• True- Nationally, the two largest immigrant groups are from Mexico, then India.  In MN, the two largest groups are Latinos (Mexicans would be expected to be the majority) followed by Hmong.  o The Minnesota statistics account for the ethnicity of

the family not technically for immigrant status of the children.

Quiz:4. Children of immigrants represent a growing

group of students in school and students in poverty.

• True - One in 5 children under 18 is the child of an immigrant. This figure has tripled within a generation. One of 4 low income children were children of immigrants.

Quiz:5. Children of immigrants are most likely

foreign born themselves

• False - 3⁄4 of all children of immigrants are native-born, making them US citizens.

Quiz:6. Undocumented students have the legal right to

participate in all K-12 public school programs.

• True - Undocumented students have the legal right to participate in all K-12 public school programs based on the Supreme Court Plyler vs. Doe decision in 1982.

Quiz:7. Undocumented students are eligible for in-state tuition at MN public colleges, as well as similar scholarship and

loan programs as native-born students.

• False - Undocumented students are limited for in-state tuition at MN public colleges and scholarships.  While the list of Minnesota State Colleges and Universities that have similar tuition rates for resident and non-resident students is growing, there is still extremely limited access.

Quiz:8. There are an estimated 11-12 million undocumented

people in the U.S. though they make up less than 1% of Minnesota’s population.

• True

Quiz:9. Approximately 45% of undocumented persons entered

legally but overstayed their visas.

• True

Quiz:10. The majority of Hispanics/Latinos in

Minnesota are Mexican.

• False (though some might say this is a trick question) Sixty percent of those people who identify themselves as Hispanics/Latinos in Minnesota were born in the U.S. Of the foreign born Latinos, Mexicans make up the highest number of those coming to Minnesota.

Bonus Question:

MN rank for certain immigrant groups:

Hmong (2nd)    Tibetans (2nd)    Liberians (1st or 2nd)

Somalis (1st)    Oromo (1st)    

Karen (? - one of largest communities)

Legal Rulings and Acts regarding undocumented students in schools

- Plyler v. Doe (1982)*sole federal case which deals with the rights of undocumented students to attend public school.

- Family Education and Protection Act (FERPA - 1974)    *deals with student's right to control the disclosure of their records

- Individuals with Disabilities Education Act (1989)*gives all individuals with disabilities right to free education in state where they reside.

-Civil Right Act (1964)*desegregation of public schools

Plyler v. Doe

• 1982 Supreme Court ruling (5-4) :o Texas state statue that withheld state funds that helped educate

undocumented students (or imposed tuition fees) found unconstitutional

*Cited 14th Amendment’s Equal Protection Clause: State must provide equal protection to all people under its jurisdiction

- Substantial state interest would not be served by this denial of education

**The application of this decision has been limited to K-12 schooling (ie - certain states have passed legislation to deny undocumented students in-state tuition or even enrolling in post-secondary institutions)

*Decision also found that the Texas statute:o Discriminated against children who had no control over being brought to USo Denying education to undocumented students would create a perpetual problems of

unemployment, welfare, and crime

Disclaimer:

Teachers and school staff should always seek the advice of an attorney whenever faced with a question regarding the legal rights of an undocumented or foreign student in school

...but let's try to answer some frequently brought up questions anyways...

1. Are public K-12 schools required to educate undocumented children?

• Yes. US Supreme Court (in Plyler v. Doe) held that undocumented children have a constitutional right to receive a free public K-12 education.

*Several organizations also interpret Plyler to require that the state’s actions do not ‘chill’ or hinder undocumented children’s right of access to an education

2. Are undocumented students permitted to receive services that other students receive from school districts

(e.g. free/reduced meals, educational assistance to handle a disability) ?

• Probably. A court would probably rule that these services are protected by Plyler because they are central to a student’s educational experience.

• Individuals with Disabilities Education Act (IDEA) gives all students with disabilities free education - what about an undocumented student with a disability?

3. Can school districts ask questions about immigration status to determine if a student

is a resident of the district?

• Probably not. Such questions might discourage undocumented students from enrolling in school, arguably a violation of Plyler.

- States typically require that students be residents of the district to attend a public, tuition-free school- However, assuming Plyler prevents actions that dissuade students from attending, districts should not ask questions about immigration status.

4. Must, may, or should a school district report an undocumented student to

Immigration and Customs Enforcement?

• No federal law requires school districts to report undocumented students to ICE

• LULAC v. Wilson - Citing Plyler, invalidated section seven of California’s Proposition 187 (1994) which required school districts to report undocumented students to ICE

5. Does a school district have to provide ICE information contained in student

records about undocumented students?

• The Family Educational Rights and Privacy ACT (FERPA) generally prohibits school districts from providing third parties info about students contained in student records.

• FERPA does allow for the release of a student’s record to comply with a subpoena…however, some subpoena’s may prohibit such disclosure

*So, check with school attorney before disclosing any student info to third parties.

6. Does a district have to allow ICE agents to interview students at

school?• In some cases yes, but ICE’s policy is to

generally avoid enforcement actions on school grounds.

• This issue has gone to court (e.g. Gonzalez v. Albuquerque Public Schools) but was settled and no legal precedent was made.  This school district made a policy that school personnel were to deny requests by immigration officials to enter a school to interview or seize a student.

*This is a tricky issue for school officials. If faced with this situation, a school employee should seek guidance from their superiors and from the school district’s attorney

7. Can school employees assist undocumented students and parents?

• It is against federal law to intentionally conceal, harbor, or shield an illegal alien from detection, where the alien’s illegal status is known.

 • During an ICE enforcement action, school employees should not

assist parents in remaining in the US illegallyo A phone call to warn a parent could be seen as “assisting” in

remaining in US * but, school employees may offer care-giving assistance to undocumented students whose parents have been detained by ICE.- Such as giving a student a ride to a relative’s house

*schools could constitute locations where persons may be found to be harboring illegal aliens (ICE has never brought an action against a school district for harboring illegal aliens, however).

8. What are a school’s responsibilities to assist students

whose parents have been detained during an ICE action?

• Schools have no legal responsibilities but should take adequate steps to ensure safety of children

What Youth Should Know Immigration Categories: • US Citizens• Green Card holders• Undocumented• Special Juvenile Immigrant Status• Refugee/Asylee• Temporary Protected Status

  

http://www.zellerbachfamilyfoundation.org/pdfs/Youth_Handbook_English.pdf

9 Things Every Undocumented Student Should Know

1. If approached by immigration authorities, do not sign any papers and do not talk to them.

2. Don't get in trouble with the law.3. If you are charged with a crime, make sure your

immigration lawyer knows your status.4. Don't leave the country.5. Pay taxes, even if you are working illegally. 6. Register with the Selective Service when you turn

18.7. Try to become a legal resident. 8. Having a child will not help you to gain legal status.9. Don't lie and say you are a US citizen. 

  

http://www.zellerbachfamilyfoundation.org/pdfs/Youth_Handbook_English.pdf

Undocumented Students in MN can…

• Get a free public K-12 education• Open a bank account  

o with ITIN and sometimes Matricula Consular cards 

o http://www.bankofamericaboycott.com/banklist/index.shtml#MN

• Pay taxeso attach W-7 form to tax return for Individual

Taxpayer Identification Number (ITIN)o http://www.irs.gov/pub/irs-pdf/fw7.pdf

Undocumented Students in MN cannot legally...

• Work• Vote

o Don't accidentally register! • Get a driver's license or ID 

o  http://www.dps.state.mn.us/dvs/ID%20Requirments/IDframeset.htm

o MN does not accept matricula consular as a form of ID

o Real ID Act  (2005)o PASS ID

 www.dhs.gov/files/laws/gc_1172765386179.shtm  

www.washingtonpost.com/wp-dyn/content/article/2009/06/13/AR2009061302036.html;

A student might qualify for a Green Card if they:

• are in foster care• have a family member who is a US

citizen or who has a green card• are from an abusive household • have been the victim of a crime 

  

http://www.zellerbachfamilyfoundation.org/pdfs/Youth_Handbook_English.pdf

If the Immigration Service comes to your home: DO NOT OPEN THE DOOR!

•Ask to see a Search Warrant. If the official does not show you one, you do not have to open the door. •Do not sign anything, especially an Order of Voluntary Departure, without first talking to a lawyer. •Do not answer questions. Do not tell them anything about where you were born or how you came to the United States•Do not show any documents if the officials do not show you a Search Warrant•Do not allow the official to enter your home. If you allow them in, you lose some of your rights

Living in the US: A Guide for Immigrant Youthhttp://www.energyofanation.org/sites/25e1f498-741c-478a-8a08-aa486d8533a5/uploads/Youth_20Handbook.pdf

If the Immigration Service arrests you: KNOW YOUR RIGHTS - REMAIN SILENT!

•Do not answer any questions•Do not say anything about where you were born or how you entered the United States•Do not show any documents, except a letter from a lawyer•Do not show any false documents•Do not sign anything, especially an Order of Voluntary Departure, without first talking to a lawyer•Tell the Immigration Service official that you want your hearing in the city closest to where you live where there is an immigration court (so that they do not transfer your case to somewhere far away)

Living in the US: A Guide for Immigrant Youthhttp://www.energyofanation.org/sites/25e1f498-741c-478a-8a08-aa486d8533a5/uploads/Youth_20Handbook.pdf

Lesson Ideas

http://www.energyofanation.org  http://www.pbs.org/independentlens/newamericans/foreducators_index.html

http://www.tolerance.org/activity/immigration-debate-lesson-viva-la-causa

Many students do not know their own legal status, is this something

we should explore with our students? If so, how?

Undocumented Student Facts (Released in 2006)

• 1.7 million undocumented youth under age 18 in U.S.

• Approximately 1.3 million have lived in the US for 5 years or more 

•1.5% of all children PK-5th are undocumented, and 3% of youth grades 6-12 do not have legal status

•Only 1 out of every 20 undocumented high school seniors attends college

•Even those who graduate from college cannot work legally in the U.S.

•At least 65,000 undocumented students graduate each year in the United States

http://www.energyofanation.org/sites/25e1f498-741c-478a-8a08-aa486d8533a5/uploads/Undocumented_Students__MN__2.pdf

“Best Practice” Ideas/Strategies from Minnesota Educators for Creating a Welcoming Environment for Refugee and Immigrant Students

Before the Student Arrives:1.) Educate yourself, other staff and students about the new student’s culture• Learn how to say “hello” • Ask a member of the immigrant community to work with the school and learn from experiences• Teach mainstream students about refugees and why they are forced to migrate• Emphasize the importance of learning about the world

Classroom Interaction When the Student Arrives:1.) Strengthen one-on-one interaction• Teach lessons about the home countries of immigrant students – will be comforted to see students learning about things that he or she recognizes • Develop a buddy system• ESL strategies

Involving Immigrant Families and Communities in School Life1.) Welcome families to school and create an environment that is not intimidating • Ask parents to volunteer/ share expertise •  Help parents understand how to get involved in their child’s education

http://www.energyofanation.org/7e712124-8139-4170-b8ad-ffb87bd7e216.html?NodeId=

Undocumented Student Calls College Admissions

http://vimeo.com/18488652

But Teachers Can Help by Telling Students to…

DURING HIGH SCHOOL

GET INVOLVED and PUSH YOURSELF!• Extra Curricular Activities • Can earn college credit for free with:     Post-Secondary Enrollment Option (PSEO)    College in the Schools (CIS),    Qualifying scores on (AP) exams    International Baccalaureate (IB) exams   

MARKET YOURSELF!• Prepare a Student Resume• Create personal statements• Draft a Funding Request Letter to a potential donor • Letter of Support 

NOTE:  Appendix for a Student Resume, a Funding Request Letter and a Letter of Support at: http://www.hnu.edu/admissions/documents/Achieving_the_Dream_10_09.pdf

NETWORK!Seek out and join groups of students with similar ideals

Student Perspective - Ambiguity and Confusion

• double identity - with family vs. with others• school / work• need identification, can't get driver's license• want to see family or travel, unable to travel outside US• want a better job, but college is cost prohibitive• after college, may not be able to work legally in their chosen

field • told to sign up for selective service, then denied opportunity

to serve   http://www.weareamericastories.org/videos/michaels-story-undocumented-student-strives-to-serve-his-country/

• recruited with the promise of citizenship, serve, and then face deportation  http://www.associatedcontent.com/article/1754794/iraq_war_veterans_face_deportation.html?cat=37

High School Dropout Rates

Estimates based on 2004 Current Population Survey. Published in Passel, Jeffrey, “Unauthorized Migrants: Numbersand Characteristics”, Pew Hispanic Center, Washington, DC, June 2005. www.pewhispanic.org

Student storiesSonia just wants the chance to go to college http://www.ednewscolorado.org/2011/02/02/13037-video-undocumented-student-tells-her-story  Dispelling myths:  Undocumented aren't just Spanish speakers!

Myagmarsuren - Mongolia   http://www.dreamactivist.org/about/our-stories/ucla/myagmarsuren/?

phpMyAdmin=496KQnZ3yWa6UVGdizo08KfJU81  Nearly 50% of undocumented people in the US originally came here legally and overstayed their visas. Some without even knowing it due to age or lack of understanding/information about US immigration law.Blanka – Croatia  http://news.change.org/stories/my-name-is-jane-doe-and-i-am-undocumented  More Storieshttp://www.weareamericastories.org/about/

         

Teacher Perspective  • Concern for students• Desire to see students succeed• Empathy with student frustration

 Challenges: • uncertainty about the law(s) -

o what can a teacher say/do without getting in legal trouble?o what are a teacher's responsibilities?o can information shared with a teacher be acquired by ICE or other authorities?

• limited ability to help  Blog by Massachusetts teacher Nancy Barile. (http://blogs.scholastic.com/classroom_solutions/2010/09/the-silent-problem-the-plight-of-the-undocumented-student.html) 

 

Parent Perspective

• guilt - kids are labeled o didn't choose to come here

• frustration - came or stayed for a better life for their familieso children have limits imposed on them because of their

legal statuso work so much they don't see their families

• worry - see children's struggles with identity, want to help o limited resources, limited opportunities

• fearo what if I am deported?o what if my child(ren) is (are) deported?

 

Helpful Legal Status References for Teachers, Students and Parents

Immigration Law Center of Minnesotahttp://www.immigrantlawcentermn.org/index.php?option=com_flexicontent&view=category&cid=95&Itemid=1&lang=en

U.S. Citizenship and Immigration Services (USCIS)http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=24b0a6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=24b0a6c515083210VgnVCM100000082ca60aRCRDUndocumented Student Fact Sheethttp://www.energyofanation.org/sites/25e1f498-741c-478a-8a08-aa486d8533a5/uploads/Undocumented_Students__MN__2.pdf

Immigrant Guide for Youth Living in the United Stateshttp://www.energyofanation.org/sites/25e1f498-741c-478a-8a08-aa486d8533a5/uploads/Youth_20Handbook.pdf

Tips on How to Immigrate to the UShttp://www.energyofanation.org/Who_Can_Immigrate_to_the_U_S_Fact_Sheet.html

Teacher Strategies for Creating a Welcoming Environment for Immigrant Studentshttp://www.energyofanation.org/7e712124-8139-4170-b8ad-ffb87bd7e216.html?NodeId=

Free and Low Cost Immigration Services in Minnesotahttp://www.energyofanation.org/a6dac6ce-eb46-44a1-ad69-9fd2a11cdece.html?NodeId=

Legal Issues for School Districts Related to the Education of Undocumented Students http://www.energyofanation.org/uploads/09undocumentedchildren.pdf

National Council of La Raza (NCLR) – Resource Guide for Undocumented Students http://www.hnu.edu/admissions/documents/Achieving_the_Dream_10_09.pdf

Flat rate colleges in MN, Applying and Paying for Collegehttp://www.mncollegeaccess.org/sites/b862decd-72ee-44b5-80f8-4f0ac42e8716/uploads/NAVIGATE_Brochure.pdf Access to Education Guide from Educators For Fair Consideration (great general information, some specific to Califiornia) http://www.e4fc.org/images/Access_to_Education_Guide_Eng1_LR.pdf

Legal Status References - cont'd

Undocumented Students Action & Resource Networkhttp://www.dreamactivist.org/ Support in MN for Immigrants:  MN Immigrant Freedom Network http://immigrantfreedomnetwork.wordpress.com/about/ Educators For Fair Consideration - Many Resources for Parents, Students, Educators, Online storehttp://www.e4fc.org/onlinestore.html Educators For Fair Consideration - National Mentor Network(students who have successfully gotten into college, found resources, graduated, willing to mentor)  http://www.e4fc.org/programs/nationmentornetwork.html Lobbying Website, with ongoing petition drives, success stories: Change.orghttp://news.change.org/stories/ice-ready-to-deport-aspiring-marine-orphan MPR Audio: We ARE Americans, Success Story: Nora Preciado – Undocumented Student to Immigration Lawyerhttp://www.npr.org/templates/story/story.php?storyId=112141947

National Legal Case Analysis Service - Confidential, Free Preliminary Analysis of Caseshttp://e4fc.org/legalservices/caseanalysisoverview.html  

Scholarship Resources

• www.latinocollegedollars.org • www.maldef.org• www.scholarshipforhispanics.com• www.fastweb.com• http://e4fc.org/studentresources/

scholarshiplists.html