Immigrant Students
The challenges facing immigrant students in American public schools have increased despite the United States Supreme Court ruling in Plyler v. Doe establishing the right of all resident students, regardless of documented or undocumented immigration status, to attend our country’s public schools. Plyler has been the law of the land since 1982, and New Jersey law and regulations have codified the right of all children residing in New Jersey to attend New Jersey public schools, regardless of immigration status. For information on the rights of immigrant students who are multilingual learners, please see ELC’s English Learner webpage.
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Advocacy & Litigation
The Annie E. Casey Foundation reported, as of 2022, that 41% of New Jersey children are foreign-born or live with at least one parent who is foreign-born. In the wake of reports of increased harassment, intimidation, and bullying based on characteristics such as immigration status in schools in New Jersey and nationwide, ELC and other organizations advocated for schools to be “safe havens” for students and their families. ELC and other New Jersey organizations urged the New Jersey Commissioner of Education to reaffirm the stateʼs strong public policy against discrimination, inform and remind educators of their legal obligation to protect students as required by federal and state law, and ensure safe and welcoming school environments. Some New Jersey school districts adopted resolutions affirming similar principles.
Anti-immigrant sentiment has recently been fueled by falsehoods and divisive strategies, stoking fear in immigrant communities that interferes with many areas of everyday life, including the ability to attend and feel safe in school. In February 2025, ELC released a Know Your Rights flyer for parents, translated into Spanish, Mandarin, Portuguese, Gujarati, Tagalog, Hindi, Arabic, Korean, and Haitian. ELC also released a more detailed fact sheet and resource list: “Immigrant Students and Public Education in New Jersey: Updated Information for Advocates.”
ELC is currently tracking proposed legislation in several states that seeks to defy the Plyler ruling and deny public education to undocumented students. ELC expects to support efforts to defend Plyler, if necessary, and enforce the fundamental educational rights of all New Jersey children under our State Constitution.
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