Policy Brief on the Rights of Undocumented Students in NJ

EducationState Matters

Recently, I provided a brief to local Boards of Education, Municipal Governments and Police Departments on the rights of undocumented students and District responsibilities to their education.  I am  publishing the body of the email here for the purpose of informing the public on this topic.  Translations in Spanish and Portuguese are linked below – those translations are AI generated.

Rights and Responsibilities for Undocumented Students in New Jersey Schools

Children in NJ have a right to attend public school regardless of immigration status.

This right is grounded in federal and state law, and guidance from the New Jersey Department of Education. Schools have a clear responsibility around enrollment, privacy, and creating safe environments.

Legal Foundation

The U.S. Supreme Court’s decision in Plyler v. Doe (1982) established that undocumented children can’t be denied a free public education. In New Jersey, the DOE has reinforced this decision directing schools to only ask for proof of age and residency when enrolling a student. Immigration documents and Social Security numbers cannot be requested.

Enrollment and Records

Families enrolling a child are allowed to provide a birth certificate, medical records, or other proof of age, along with documents showing they live in the district, such as a lease, utility bill, or even an affidavit.
Schools are not allowed to request immigration papers or make enrollment conditional on citizenship. Districts are required to keep a student’s immigration status confidential in the event it is discovered. Federal privacy laws restrict the sharing of this information with outside agencies, including immigration enforcement (unless with parental consent or a court order signed by a judge).

ICE and School Grounds

Schools are considered “sensitive locations” under federal policy and ICE cannot conduct routine enforcement in or around school buildings. If agents appear, administrators should ask to see official identification and require a judicial warrant before allowing access. District legal counsel should be contacted immediately.

Beyond the Basics

New Jersey’s Anti-Bullying Bill of Rights Act applies to all students. Harassment or intimidation based on actual or perceived immigration status must be addressed.

Looking Ahead

Undocumented students who grow up in New Jersey may qualify for in-state tuition at public colleges through the NJ DREAM Act. Guidance counselors and administrators should ensure students are aware of these resources.

Emerging Risks

With the increased presence of law enforcement in schools, their access to footage and devices containing personal information such as ID scanners, along with limitations on students’ rights to record activities of law enforcement and staff in schools, Districts should take extra care to ensure these areas of risk are mitigated and that law enforcement personnel and other staff within schools are clear on the rights of undocumented children and their families. It also makes the ability for families to access BOE meetings through remote avenues more critical.

If you are so inclined it could be helpful to provide this brief to families and students..

Dr. Feltre of the Berkeley Heights School district responded to my email:
“Thank you Mr. Migueis. This information has already been communicated last school year in Berkeley Heights. We appreciate your support of the schools!”

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John Migueis

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