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Perhaps one in thirty students in California's public K-12 schools resides in the United States illegally. In official terms, these students are "undocumented." (Some prefer the term "unauthorized.") Some of these students, brought to America by parents or relatives, are not aware of their immigration status.
The 14th amendment of the US Constitution, adopted in 1868 during the Reconstruction era, established that anyone born in the United States is a US citizen. Today, the 14th amendment is of vital importance in the education system. According to research compiled by Education Trust-West, about one in about every thirty California students is undocumented, but about about 1 in every 8 children in California schools has at least one parent whose immigration status is unauthorized.
Understandably, statistics regarding immigration status can be a bit squishy, but the best estimates suggest that the number of undocumented people in America has been decreasing since the Obama administration.
The web site of the Pew Hispanic Center includes many useful surveys and sources to help shed light on this complex and changing segment of the California student body.
Citizenship status is not a condition for enrollment in California K-12 schools. All kids must go to school, regardless of their paperwork.
Citizenship status is not a condition for enrollment in California K-12 schools. In 1982 the US Supreme Court ruled in Plyler v. Doe that immigration status cannot serve as a condition for enrollment in American public schools. Access to public education in California is open to all resident students, regardless of immigration status. California law requires kids to be in school, regardless of their paperwork.
To keep kids in school regardless of immigration status, California law protects student information from being delivered to federal immigration enforcement authorities. The California Department of Education advises local school districts that:
Citizenship is not a condition for enrollment in California's system of community and four-year colleges. But until the law changed in 2001, undocumented students had to pay out-of-state tuition rates at these public institutions, even if they had graduated from a California high school.
The California DREAM Act, signed by Governor Brown in 2011, eased access to higher education for undocumented students in California. The law established Jan 1, 2013 as the date when undocumented residents of California could receive state financial aid such as Cal Grants to help cover their college costs. The law also allowed public higher ed institutions in California to provide scholarships and other aid under specific guidelines. Federal financial aid rules still exclude undocumented students from federal financial aid, student loan, and work-study programs, however.
Many undocumented college students who came to the US as children have protections from deportation under the beleaguered Deferred Action for Childhood Arrivals (DACA) policy, which also makes these students eligible for work permits. The Obama administration created this policy using an executive order. President Trump halted the program, also by executive order. The question worked its way up to the Supreme Court, which upheld DACA in 2020. The ruling was narrow and complex.
Families are proceeding with caution, as policies in this area remain unsettled. In April 2018 California Attorney General Xavier Becera published a 60-page guidebook with advice and model policies for "sanctuary" schools to protect families from deportation or harassment. This advice might still be of interest for a time, but the Supreme Court ruling certainly changes the context. Look to the National Immigration Law Center for more up to date advice. Other useful sources might include The California School Boards Association and EdTrust-West.
Updated April 24, 2017 with new data. Added infographic link.
Updated Sept 7, 2017 with refreshed information about DACA.
Updated April 2018 with further DACA related information including the AG's advice.
Updated July 2020 with Supreme Court news.
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amy su November 5, 2020 at 8:50 pm
Sonya Hendren August 11, 2018 at 11:30 am
Carol Kocivar August 27, 2018 at 11:40 am
Jeff Camp April 30, 2018 at 12:25 pm
Carol Kocivar October 11, 2017 at 10:46 am
This resource, created by Sesame Street in Communities in collaboration with the First 5 Association of California, helps parents cope with stress and provide safety and security for their children. It includes:
More than 20 ways to help kids feel safe and secure
Self-care tips for parents and caregivers
4 activity pages just for kids
Carol Kocivar July 1, 2017 at 12:24 pm
You can find it here .
Jeff Camp March 16, 2017 at 4:51 pm
Carol Kocivar March 1, 2017 at 10:57 am
"The rights and responsibilities of schools districts that educate undocumented students have received renewed attention due to recent developments at the federal level. This has caused many districts to question how they can best uphold their obligation to serve all students, regardless of immigration status."
"In response, CSBA has developed a new legal guidance, a pair of sample policies and a sample resolution addressing the right of undocumented students to an education, as well as the “safe haven” or “sanctuary” designation that has been adopted by some districts. "
Jeff Camp February 12, 2017 at 3:14 pm
Carol Kocivar February 11, 2017 at 8:45 pm
Jeff Camp - Founder October 28, 2015 at 11:43 am
jenzteam February 27, 2015 at 10:28 am
Manuel RomeroNickname February 8, 2015 at 11:17 pm
CM January 19, 2015 at 10:54 pm
Veli Waller April 3, 2015 at 9:44 pm
Tara Massengill April 15, 2015 at 8:19 pm
Nicole Jenkins November 15, 2015 at 11:56 am