Immigration

Should undocumented students be afraid? These are their rights.

PHOTO: Dylan Peers McCoy

For many who have immigrated to the United States, President Donald Trump’s call for the U.S. to build a wall at the Mexican border, cut off funding for “sanctuary” cities and ban refugees have ignited fear and uncertainty.

For undocumented students, or those who have undocumented relatives, these fears are particularly salient.

At a Indianapolis Public Schools board meeting last week, Manuel Martinez, an IPS parent, called on the district to support families and help them learn about their rights. Parents and grandparents of IPS students are afraid they will be deported, he said.

“This is producing a toxic environment that doesn’t allow for kids to learn or succeed academically. Many parents are worried about being separated from their children,” Martinez said. “There is a sense that this could happen at any time.”

Here are some basics on the rights of undocumented students and what the district could do to support their families.

What is a “sanctuary” city, university or district?

Some U.S. cities and counties that have adopted policies meant to protect undocumented immigrants are known as sanctuaries. These areas often have policies that discourage law enforcement from asking about immigration status or prevent jails from holding people at the request of Immigration and Customs Enforcement.

But the term “sanctuary” is ambiguous, and its use is different in the context of schools and universities, where it typically focuses on limiting ICE access to student information and campuses.

Could IPS become a “sanctuary” district?

Amid growing fear for the rights of immigrants, school districts joined cities and universities across the country in declaring themselves sanctuaries for undocumented students.

The National Immigration Law Center prepared a model resolution for school boards that includes a range of policies to protect the rights of immigrant families. The resolution aims to limit federal immigration authorities from gaining access to student information and campuses. It also provides resources for undocumented families.

Last week, board member Kelly Bentley suggested IPS should consider joining their ranks.

“We’ve got some families that probably feel quite vulnerable right now,” Bentley said. “We need to do everything we can to let our families know they are welcome in this district and that we are going to do everything we can do protect them.”

Some of the policies from the National Immigration Law Center, however, might be illegal in Indiana. Under a 2011 state law, a governmental body may not have a policy barring employees from communicating with federal officials about immigration status.

Even if the district does not adopt new policies, however, students already have protections.

Do undocumented students have a right to an education in K-12 schools?

Children are entitled to a free, public education regardless of their immigration status. That was decided more than three decades ago in the U.S. Supreme Court case Plyler vs. Doe, according to Michael Olivas, a professor at University of Houston Law Center and acting president of University of Houston Downtown.

“A student is a student is a student,” he said. “The protections are exactly the same.”

In fact, undocumented students are required by truancy laws to attend school, said Olivas, who wrote a book on the influence of Plyler.

While school districts occasionally hinder undocumented students from enrolling, those issues are typically resolved when attorneys step in, he said.

“As confusing as the system is,” Olivas said, “there have been no recent governmental actions that would affect K-12 students who may be out of status or whose parents may be out of status.”

Can school officials ask about immigration status?

School officials are not allowed ask students about their immigration status as a condition of enrollment or require children to provide Social Security numbers. Officials may ask students about their immigration status, however, if they have a legitimate reason, such as if a student is eligible for a scholarship they can only receive if they are in the country legally, Olivas said.

Can ICE agents get information from schools or come to a campus to detain students?

The Family Educational Rights and Privacy Act forbids schools from sharing identifiable student records without parental permission, and undocumented students have the same privacy rights as their peers. But law enforcement officers, including ICE agents, can still access student information in some situations.

“As long as a legitimate law enforcement claim is issued, than a school district or for that matter a college or university, must turn over data,” Olivas said.

Law enforcement officers could also detain children while they are at school if they have a tangible government interest, Olivas said. Although there have been some ICE raids of parents at schools, ICE policy discourages action at sensitive locations, including schools.

“School districts are not the place where we play out these pageants,” Olivas said. “Children are off limits.”

Chalkbeat reporter Shaina Cavazos contributed to this story.

Immigration

Tennessee education group campaigns against new threats to DACA and undocumented immigrants

PHOTO: Andrés Martinez/Conexión Américas
Tennessee students meet with U.S. Sen. Bob Corker in Chattanooga on Feb. 27 to urge support for federal protections to undocumented immigrant students under DACA.

Responding to new threats to undocumented immigrants under the Trump administration, a Tennessee advocacy group is mobilizing educators and civil rights leaders to urge continued federal protections for those who came to the U.S. as children.

The Tennessee Educational Equity Coalition has asked its more than 900 supporters to sign a letter urging U.S. Sens. Lamar Alexander and Bob Corker to use their influence toward continuing the Deferred Action for Childhood Arrivals program. Known as DACA, the program protects about 8,000 people in Tennessee, many of them students.

“Eliminating DACA will not fix our broken immigration system, instead it will leave over 800,000 young adults across the country without a viable opportunity to contribute,” the letter said.

The call is in response to threatened legal action by a coalition of 10 attorneys general, including Tennessee’s Herbert Slatery, urging U.S. Attorney General Jeff Sessions to phase out DACA by Sept. 5. That coalition argues that President Barack Obama’s 2012 DACA order was unconstitutional because it bypassed Congress through an executive action.

President Donald Trump, who had campaigned to end temporary protections for young undocumented immigrants, has since backed off of that pledge. However, state lawsuits against DACA could trigger yet another reversal from the administration, according to Gini Pupo-Walker, director of education policy and programs for Conexión Américas.

Conexión Américas is seeking to counter that effort with a new campaign under the Tennessee Educational Equity Coalition, which organized in 2016 to advocate for students of color.

PHOTO: Conexión Américas
A postcard urges U.S. Sen. Bob Corker to support DACA protections.

Since Trump became president, Conexión Américas has organized letter-writing drives to raise support for DACA and awareness of threats to the program. In February, a contingent of students brought 800 postcards to Corker in Chattanooga. In March, students visited Alexander in Washington, D.C. 

“I think they have a decent understanding of the stakes and what DACA means,” said Pupo-Walker of Tennessee’s two Republican senators. “Our goal is to elevate the urgency of the issue. We feel like time isn’t on our side here, and there is a possibility it could be reversed and students and adults would be very much in limbo.”

The coalition is urging Tennessee’s senators to show national leadership in the DACA debate.

“This issue has long-term impacts on Tennessee. It’s good to have students out of the shadows working, contributing and paying taxes,” Pupo-Walker said. “[DACA] provides hope for current high school students to stay in school and graduate because they can go on to do more. It’s important for Tennessee’s prosperity to have these kids able to work and participate fully.”

getting active

What three New York City teens say about politics today — and getting their peers to vote

PHOTO: Christina Veiga
Nuzhat Wahid contributes to a brainstorming session during a recent YVote meeting.

Plenty of adults are frustrated with politics these days, when turning on the television or reading the latest news alert brings a fresh jolt of anxiety. A new organization wants to help teens channel that angst into action.

Founded by educators, organizers and members of the media, YVote plans to work backwards from issues that teens are passionate about to answer the question: “Why vote?” The aim is to recruit students who will be “18 in ’18” — in other words, old enough to vote in the next election cycle — to head to the polls and become the next generation of community activists.

“People in my generation and those older than us haven’t done a great job in being civil in the way they talk to each other,” Liz Gray, a teacher at NYC iSchool and a facilitator for YVote, told students at the organization’s inaugural meeting this month. “So we’re trying to set a new set of norms with all of you.”

About 50 teens from every borough and more than 20 different schools make up the first YVote class. They are an intentionally diverse group of various political stripes, economic backgrounds and countries of origin. Using the Freedom Summer of 1964 and other case studies, students will work throughout the year to design and test their own campaigns. The goal: to encourage civic engagement while learning to listen to others — even when they disagree.

Chalkbeat spoke with three teens who have joined the effort. Here’s what they think about politics and how to get their peers to the voting booth. These interviews have been lightly edited for length and clarity.

Millennium Shrestha, 17, Forest Hills High School, Queens

Millennium Shrestha

I’m passionate about: computer sciences. I’d like to connect computers to mankind. I want to bring a change, a computer revolution.

Teens can teach adults about: the clichés that they hold in their thoughts and ideas. I think if you do things exactly as people in the past have done, it’s useless because you know what the outcome is going to be. But if you find new thoughts or ideas to change this world, it works really well. You have to do something weird to get attention.

One way to get teens committed to voting is: not just giving them motivational speeches about what voting is about. There should be a day just focused on getting youth involved in voting. I think it’s easier to get them to vote if you can grab their attention.

I would describe the current political climate as: not that bad. If political systems are monotonous, you’ll never get to the top of the world. It should change periodically. Now we have Mr. Trump, and I actually support Trump for president because now we’ll see different views and ideas. It might be good, it might be bad, but there’s going to be a change.

Faith Vieira, 15, Brooklyn College Academy

Faith Vieira, a rising senior at Brooklyn College Academy, is a member of YVote.
Faith Vieira

I’m passionate about: advocating for youths to be better versions of themselves and spreading influence to affect others — to have a ripple effect.

I think teens can teach adults about: what it was like to be a teen, and how the issues that they face are related to the issues we face. We’re people also, and our voice is important to their success and their social issues, too.

One way to get teens committed to vote is: to show there is an actual effect if they don’t vote, or if they do. To basically show that their voice is getting heard and their choice matters.

I would describe the current political climate as: stressful. The voice that we thought we put out isn’t really being heard. So it’s stressful — but it’s needed because it shows the division that we have in the country. But there’s going to be progress because now people are going to be forced to come together.

Nuzhat Wahid, 16, Academy of American Studies, Queens

Nuzhat Wahid

I’m passionate about: political activism. I’m passionate about world issues and conflict resolution. I like to know more and I like to try to be as open-minded as possible.

I think teens can teach adults about: respect. Recently we’ve seen in the political atmosphere that a lot of people can’t seem to compromise with others. They can’t seem to respect what their peers are saying. They can’t seem to come to an understanding or a resolution. So I think that, given that we are seeing this, we understand what not to do. And when we are adults, we may be able to talk about compromise.

One way to get teens committed to voting is: to educate them more on the voting process. To spread awareness of the fact that there are more elections than just the main, presidential elections. That there are local elections where you can elect your local representatives, and that can affect change.

I would describe the current political climate as: tense. Unworkable. Ineffective.