(Rochester, N.Y.) – The Brockport Migrant Education Project helps children of migrant workers. Some are undocumented and want to attend school. Program director Donna Spence says she has seen school districts give the children a hard time.
“A school counselor said to me, ‘By what right do these Mexican children have to attend this school district?’” Spence said, adding that she sometimes has to have a lawyer call the school districts to advocate on behalf of the children.
In 1982, the Supreme Court ruled that minor illegal immigrants have the right to attend public schools. The decision said children should not be penalized because of the conduct of their parents. It said the 14th Amendment’s Equal Protection clause applies to non-citizens. The ruling also said there were negative social consequences to not educating a class of people. “Illiteracy is an enduring disability,” wrote Justice William Brennan.
But the New York Civil Liberties Union found one out of five districts in the state requires proof of citizenship or legal residency.
Gary Pudup, head of the local NYCLU office, says the investigation started in Monroe County, when two legal African immigrants were questioned about their residency when they tried to enroll in school.
“We started to see some very disturbing information that people were asking for - visas, 99-forms, citizenship status,” Pudup said.
The NYCLU found that 139 districts across the state ask for immigration papers. Twelve of those districts are in Monroe County suburbs. Five are in Wayne County.
The NYCLU called out Spencerport for requiring a resident alien card. In a statement, Superintendent Bonnie Seaburn said, “Spencerport strives to always be an inclusive district, so of course we will give our registration process prompt attention with our legal counsel to ensure we are in compliance with all state and federal laws."
Pudup said most districts change their policies once they’re made aware of the Supreme Court decision. He said most districts are not trying to discriminate; rather, he said they don’t understand the law.
Although the NYCLU didn’t find any examples of immigrant children denied access to schools, the group says the document requirements may scare away many families from attempting enrollment.
“We can have a discussion about immigration policy, a discussion about how these people are here and what should be done with them, but this is really an attack on the children,” he said. “There is no benefit to society to have an entire subclass of illiterate people.”
