Undocumented Immigrant Children 'Entitled Equal Access' to Public Education, Says DOE
The U.S. Department of Education reaffirmed its position of welcoming new immigrant children to the classrooms. Based on data from the DOE, more than 840,000 immigrant students were in the U.S., with over 4.6 million learning English.
"We have begun to receive inquiries regarding educational services for a specific group of immigrant children who have been in the news -- children from Central America who have recently crossed the U.S.-Mexico border," the DOE stated. It published a Fact Sheet on states and local education agencies' responsibilities to provide existing resources for immigrant students.
The DOE stated that all children in the U.S. are entitled to "equal access" to public education, namely elementary and secondary schooling. The department emphasized that students should receive an education regardless of their parents' "actual or perceived" national origin and citizenship or immigration status. The right to an education includes unaccompanied children awaiting immigration proceedings. The unaccompanied child, however, should have a parent, family member or family friend sponsor.
The first step after an unaccompanied child is apprehended by law enforcement, is transfer to the Department of Health and Human Services. While under the supervision of HHS, the child is not enrolled in a local school but may receive educational services from HHS providers. After finding the appropriate sponsor, federal law allows children, even undocumented children, to enroll in the public school system.
According to the DOE, state and local educational agencies are obligated to provide children an education and should not question immigration status. A joint letter in May from DOE's Office for Civil Rights Assistant Secretary Catherine Lhamon, Deputy General Counsel Philip Rosenfelt, and the Department of Justice's Civil Rights Division's Acting Assistant Attorney General Jocelyn Samuels, found student enrollment practices that may "chill or discourage" participation or lead to exclusion of a child's education based on citizenship or immigration status.
"To comply with these Federal civil rights laws, as well as the mandates of the Supreme Court, you must ensure that you do not discriminate on the basis of race, color, or national origin, and that students are not barred from enrolling in public schools at the elementary and secondary level on the basis of their own citizenship or immigration status or that of their parents or guardians," the joint letter stated on May 8.
The DOE acknowledged that a small number of undocumented children, while in HHS custody, are placed in "long-term" foster care instead of being released to a sponsor. Under long-term foster care, the undocumented children are allowed to enroll in public school in the area the foster care facility is located.
In regards to the to eligibility of the, the DOE said the children cannot apply for DACA. The DOE also confirmed the children are not eligible for the Deferred Action for Childhood Arrivals program, noting that individuals must have "continually" lived in the U.S. since June 2007.
U.S. Customs and Border Protection confirmed 57,525 undocumented immigrant children under the age of 18 and traveling without a parent or guardian were apprehended between Oct. 1, 2013, and June 30, 2014. Meanwhile, the White House projected 150,000 undocumented children will enter the U.S. in 2015.
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