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Will Children’s Right to Equal Education Prevail Amid Immigration Tactics?

by Beatrice

Immigrant children across the U.S. are facing a new form of bullying, this time from the federal government. The Trump administration, along with its allies, is attempting to create fear among immigrant families and discourage children from attending school.

One of the first actions taken by the Department of Homeland Security under President Trump was to remove a key policy that limited immigration enforcement in sensitive locations like schools, daycares, hospitals, and churches. For decades, both Democratic and Republican administrations respected these restrictions, ensuring that schools were safe places for children. However, the Trump administration abandoned these protections just one day after the inauguration.

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In response, California lawmakers are stepping up to protect immigrant children in the state. California already prohibits public schools from gathering immigration-related information about students and their families. In December, legislators introduced bills requiring schools and daycares to refuse ICE entry without a judicial warrant. A new bill, introduced in January, would use school notification systems to alert families when immigration officers are nearby.

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While these state laws can slow down ICE’s efforts, they cannot override federal law. Even if denied access to schools, ICE could still conduct raids in schoolyards or at extracurricular activities. Estimates from the Migration Policy Institute show that about 5 million children in the U.S. live with at least one undocumented parent, making school drop-offs potential targets for deportation. However, ICE would still face the challenge of resources needed for large-scale raids.

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The removal of the “sensitive locations” policy was not a matter of necessity. When questioned about the impact of ICE raids on schools, Vice President JD Vance referenced a rare, extreme scenario involving a violent criminal in a school. But the previous policy already allowed ICE to act in emergencies or when there was no alternative.

The real motive behind this shift seems to be more about creating fear and sending a message of toughness. Part of this strategy is aimed at encouraging “self-deportation” among immigrant families. Some localities, like the Saugus, Mass., school district, are already requiring proof of legal residence for new students. The Oklahoma State Board of Education recently passed a policy requiring parents to provide citizenship proof when enrolling their children. These measures echo past policies like California’s Proposition 187 in 1994, which sought to limit education for immigrants but was later ruled unconstitutional.

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In the face of these efforts, the Plyler v. Doe Supreme Court case from 1982 remains a strong defense for immigrant children. The ruling guaranteed equal access to public education, regardless of immigration status. Despite this, the current conservative-majority Supreme Court has shown willingness to overturn longstanding precedents, such as the reversal of Roe v. Wade. Organizations like the Heritage Foundation are pushing for other states and districts to follow Oklahoma’s example, hoping the court will reconsider Plyler.

Oklahoma’s superintendent Ryan Walters, who frames the issue as an economic one, claims that the state should be reimbursed for educating immigrant children. This argument mirrors the one made by Texas in the Plyler case, which was rejected by the court. Texas argued that resources were stretched too thin due to immigrant children, but the court ruled that these children contributed to the state’s economy and that denying them education would harm the state and nation.

The Plyler decision remains relevant today, but schools and local governments also play a crucial role in protecting students. California lawmakers should pass stronger protections against ICE raids, and local school districts can take steps to shield their communities. The Los Angeles Unified School District, for example, is implementing mandatory teacher training and distributing “know your rights” cards to parents. While these efforts cannot completely prevent arrests at schools, they equip families with the knowledge to defend themselves.

Educational leaders must also speak out against these threats. Tani Cantil-Sakauye, former Chief Justice of California, raised concerns during the Trump administration about ICE agents stalking courthouses and intimidating victims. It’s time for school leaders to take a stand when public education is at risk.

Surveillance and intimidation harm children’s education. Attendance and learning drop when students no longer feel safe in their schools. Immigrant and native-born children alike should not be made to suffer because of reckless immigration policies. States and local governments must uphold their constitutional responsibility to educate all children, even if it means standing up to federal authorities.

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