New federal guidelines ban schools from conducting immigration checks on kids

Story highlights

  • New legal guidance issued to school districts, states from Justice and Education departments
  • Schools can't ask for proof of citizenship or block students if parents can't prove legal residency
  • Obama administration issued guidance on the matter in 2011, but problems persist
The legal guidance from the Justice and Education departments allow school districts and states to ask for proof of students' age or that they are residents in the jurisdictions where they attend school. But schools can't require proof of citizenship or block students if parents can't prove their legal residency.
Holder cited a 1982 Supreme Court decision that ordered states to provide education to any child living in their jurisdiction. "Public school districts have an obligation to enroll students regardless of immigration status and without discrimination on the basis of race, color, or national origin," the attorney general said.
Administrators can ask for utility bills or apartment lease agreements to show a student lives in the district where they are attending school. They may ask for a parent's driver's license. But only to establish residency, not to determine legal immigration status, the guidelines say.
They also may ask for legal certification to show a child's age. But schools can't turn away students who can't provide a birth certificate or whose parents refuse to provide a Social Security number for the child or parent.
"We want to be sure every school leader understands the legal requirements under the Constitution and federal laws, and it is our hope that this update will address some of the misperceptions out there," Education Secretary Arne Duncan said in a statement.
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