Immigrant and Refugee Students in Public Schools

The United States Supreme Court made it clear in Plyler v. Doe (1982) that under the Equal Protection Clause of the U.S. Constitution, a state may not deny access to public K-12 education to any child living in the state—no matter their immigration status.

This means schools cannot ask about or require proof of immigration status to enroll. A school shouldn’t ask questions like “what is your immigration status?”, “are you a citizen?” or collect your family’s immigration documents. If you live in the district, you have the same right to go to school as anyone else.

Under Title IV and VI of the Civil Rights Act of 1964, schools that receive federal funding cannot discriminate based on race, color, or national origin. This applies to public elementary and secondary schools (including charter schools).

This means schools can’t put students into separate classes, deny opportunities, or treat someone differently because they or their family are immigrants, refugees, or speak another language at home.

The Family Education Rights and Privacy Act of 1974 (FERPA) generally prohibits schools from releasing personal information in a student’s education record without written consent from the parent or adult (18+) student. FERPA also requires schools to keep a record of who asks for student information, so there should always be a paper trail.

This means your grades, disciplinary history, or personal information are private as a student. A school shouldn’t share information with outside agencies. Even “directory information” like your name and address cannot be handed over for immigration purposes without violating FERPA protections.

There are only limited exceptions under FERPA:

Court order/Subpoena Exception

• Schools may release information if there is a valid court order or judicial subpoena.
• Note that an “Immigration and Customs Enforcement (ICE) subpoena” is not a valid judicial subpoena. (See NILC’s resource on valid vs. invalid warrants)

In practice, this means if an immigration officer shows up with a piece of paper, the school should not hand over records until verifying it is a valid court order.

“School Officials” Exception

FERPA allows “school officials” or outside entities performing an “institutional service or function” to access student information only if:

• The official is under the direct control of the school,
• access is limited to what’s needed for a “legitimate educational interest,
• and use and redisclosure are limited to the original purpose.

This usually pertains to teachers, counselors, or school nurses—not immigration officers. A counselor might see your records to support your education, but that information shouldn’t leave the school for other purposes.

Everyone in the United States has constitutional rights—regardless of their immigration status:

• Students have the right to remain silent. If they want to exercise this right, they should say so out loud. (5th Amendment)
• Students have the right to refuse consent to a search of themselves, their backpack, locker, or car. (4th Amendment)
• If questioned by law enforcement but not under arrest, students have the right to calmly walk away.
• If taken into custody (including interrogations at school), students have the right to a lawyer and should ask for one immediately.
• Students also have the right and should ask for their parent, guardian or friendly adult to be present when in custody and being interrogated.

This means if ICE or local law enforcement officers show up at school and ask questions, students don’t have to answer, and schools should NEVER volunteer student records.

• Everyone in the United States has constitutional rights—regardless of a student’s (or parent’s) immigration status.
• School policies that exclude or limit students’ participation based on their or their family’s immigration status are unconstitutional.
• FERPA generally prohibits schools from releasing personal information in a student’s education record, except in very limited cases like valid subpoenas or legitimate school purposes.

A school should not ask about immigration status or share private information with immigration enforcement, and must ensure that all students can learn in a safe environment.