Know Your Rights: Back to School
A policy that recognized schools and certain other locations as “sensitive locations” (and therefore limited immigration law enforcement there) was rescinded by the Trump administration on January 21, 2025. This means that it is no longer against the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) policy to engage in immigration enforcement operations at or near schools, school playgrounds, or bus stops.
To be clear, the federal government’s revocation of the “sensitive locations” policy does not affect the constitutional right of immigrant children to an education, does not affect the legal responsibilities of school districts towards their students, and does not affect a school’s own legal rights regarding who enters their property. The end of the sensitive locations policy, however, makes it more likely that immigration enforcement operations will take place at schools. Therefore, it is critically important for schools to understand both children’s rights and schools’ responsibilities.
As we enter back to school season, educators and school communities are concerned about how best to serve their immigrant students, what is required to meet their legal obligations, and what they can do to ensure that schools will remain safe places for all children to learn and grow. The following information from the ACLU of Michigan and Michigan Immigrant Rights Center (MIRC) outlines key rights that students have and responsibilities schools have:
The Right to Attend a Free Public School.
All children and youth ages 5-20, regardless of immigration status, can attend Michigan’s free public schools.
The Michigan constitution protects education access: “Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin.”
Michigan’s Elliott–Larsen Civil Rights Act provides that schools may not “exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution, because of…national origin…”
Public schools may not:
Deny admission to a student during initial enrollment or at any other time on the basis of undocumented status.
Treat a student differently to verify residency.
Engage in any practices that “chill” or hinder the right of access to school.
Make inquiries of students or parents that may expose their undocumented status.
Michigan law requires all districts to have policies in place that prevent students and staff from bullying any pupil, which includes any action that has “actual and substantial detrimental effect on a pupil’s physical or mental health.” Any threat or insinuation that immigrant children and their families are unwelcome could violate such a policy.
The Right to Privacy of Information.
Educators are not allowed to release a student’s educational records without the parent’s consent under the Family Educational Rights and Privacy Act (FERPA).
Access to student records should only be allowed if the requesting agency, including an immigration enforcement agency, has a valid court order or subpoena in compliance with FERPA or other laws or regulations
Schools should not ask about or require students to provide proof of immigration status.
Schools should not ask students for information such as Social Security numbers or place of birth that may indicate a student’s immigration status.
School administrators should limit the information collected from students, parents, and guardians. If there is no reason to collect it, then do not collect it.
The Right to Enroll in School.
Social Security numbers are not required for enrollment.
Birth Certificates cannot be required as the only identity document used for enrollment.
Schools should not require documents for determining residency or age that only people with U.S. citizenship or current immigration status can have (e.g., U.S. passport, driver’s license, etc.). Instead, schools should provide a variety of means for establishing information necessary for enrollment.
Children who are experiencing homelessness must be enrolled immediately regardless of missing records or deadlines. This includes if they are sharing housing with other persons due to loss of housing, economic hardship, or a similar reason, staying in a shelter or other transitional space, or are migratory.
A student who has received a diploma (or its equivalent) from outside the United States remains eligible to enroll. The enrolling district would consider courses completed and create a new path to graduation using personal curriculum processes as they apply.
The Right to Participate in School Programs.
The Free and Reduced School Lunch or Breakfast programs are available to low-income children regardless of their immigration status or their parent’s immigration status.
Where an inability to speak and understand the English language excludes national origin minority students from effective participation in the educational programs of a school district, the district must take affirmative steps to rectify the language deficiency in order to open its instruction program to students.
Newcomer and migratory students with special education needs are entitled to receive free appropriate education. Under the Individuals with Disabilities Act (IDEA), the law requires that children be fairly assessed in their native language and classified according to the type of disability.
The Rights of Parents to Participate.
School districts have the responsibility to adequately notify parents of national origin minority group students of school activities that are called to the attention of the other parents. Notification must be sufficient so that parents can make well-informed decisions about the participation of their children in a district’s programs and services. This means that whenever practicable, written translations of printed information must be provided to parents in a language that they understand.
If a family member or child is arrested by immigration enforcement agents, schools should advise the family to immediately seek legal advice from an immigration attorney. If a family cannot afford an attorney, you can refer them to the Michigan Immigrant Rights Center at (734) 239-6863. Whenever possible, the directly impacted person should be the caller. The person should leave a message and indicate a language preference if they reach voicemail
It is all of our responsibility to ensure that schools are safe spaces for all children to learn and grow. Check out additional information and resources linked below, and share it with your school community.
Additional Resources: Know Your Rights: Immigrants’ Rights from the ACLU
Know Your Rights: Before, During, and After Immigration Raids from the ACLU of Michigan
Immigration Issues: Guidance from Educators from the NEA
National Immigration Law Center Resources from the NILC
— — —
ACLU of Michigan
Michigan Immigrant Rights Center
