ELC and Partners Send Letter to All NJ School Districts Detailing Legal Rights of Immigrant Students

The ACLU of New Jersey, Education Law Center, and New Jersey Consortium for Immigrant Children sent a letter to all New Jersey school districts detailing the legal rights of immigrant students and providing guidance to help schools ensure they meet their responsibilities under the law and that all students feel welcome.

The letter comes after the Trump administration rescinded a prior “sensitive locations” policy previously held by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), which advised officers against carrying out enforcement actions at several places including schools, places of worship, and hospitals. Accordingly, ICE and CBP policy now permits officers to engage in immigration enforcement operations at or in proximity to schools, school playgrounds, bus stops, and other surrounding areas.

“No agency directive can override the U.S. Constitution. Public school administrators have the duty to educate all students, and the power and responsibility under the U.S. Constitution and state law to protect the rights of their students. New Jersey schools have an obligation to ensure that all students feel welcome, regardless of immigration status, and no matter who is in the White House,” said ACLU-NJ Executive Director Amol Sinha.

The letter reminds school administrators that federal laws, including Title IV of the Civil Rights Act of 1964, prohibit discrimination in public education, including discrimination on the basis of race, color, or national origin. Additionally, New Jersey’s Constitution, Administrative Code, and Law Against Discrimination all provide various protections that collectively safeguard access to education regardless of immigration status and prohibit discrimination in places of public accommodation, which includes schools, based on actual or perceived national origin, nationality, or ancestry.

“All children have the right to an education free of discrimination and fear, regardless of immigration status. With the federal administration’s increased threats to target immigrant children and families, even in spaces as sensitive as classrooms, educators should know their rights and feel empowered to exercise them in order to keep our students and school communities safe. In a time of great uncertainty, the best thing to be is to be prepared. This letter intends to provide guidance to our great educators to assist them in cultivating our state’s next great leaders,” said New Jersey Consortium for Immigrant Children Executive Director Priscilla Monico Marín.

The letter also outlines steps that school districts can take to ensure they protect students’ rights, including their privacy rights, their rights against unreasonable searches and seizures, and their right against self-incrimination.

“We know that educators care deeply about the students entrusted to them during the school day. This letter provides useful resources for educators and emphasizes the extra precautions that must be taken in the current climate,” said Education Law Center Executive Director Robert Kim. “By protecting critical constitutional rights and working to minimize traumatic disruptions to the school day, schools can, and must, focus on the important goal of ensuring all students have the opportunity to thrive.”

Press Contact:
Sharon Krengel
Director of Policy, Strategic Partnerships and Communications
skrengel@edlawcenter.org
973-624-1815, x240