As far back as its 1982 decision in
Plyler v. Doe, the U.S. Supreme Court has found that all children are entitled to a
free and appropriate public education while living in the U.S., regardless
of their citizenship or immigration status. In practice, however, that
doesn’t always happen. Some schools, particularly in some states,
still turn away students or gently “discourage” students from
enrolling in school. If your undocumented child is living in the U.S.,
you need to know your child’s rights to public education, and ensure
that schools allow your child to both enroll and participate in school
in a meaningful manner. A significant upswing in immigration enforcement
has made many families more hesitant to enroll their children in school,
fearing that they might call attention to themselves and their undocumented
status. Complicated paperwork can delay a child’s enrollment, subjective
determinations by school officials about residency requirements, and an
inability to pass state tests all may contribute to a school’s unwillingness
to enroll an undocumented student. Furthermore, in many jurisdictions,
schools do not have the resources or capacity to provide the kind of specialized
educational instruction that an undocumented child might need; in many
cases, a lack of translation and interpretation services is enough to
discourage families from enrolling their children in school at all. Other
school districts fear that admitting undocumented students will decrease
test score averages, and tend to steer these students into alternative
educational programs, many of which are completely unsuitable for the
children in these situations. Unfortunately, many schools will not provide
you with the information and assistance that you may need to enroll your
child in school, either directly or indirectly. It is up to you as a parent
to insist that the school respect and accommodate your child’s right
to a free and appropriate public education. If you feel unable to effectively
communicate with your local school district, whether due to language or
other barriers, you should seek out legal assistance or a community advocate
to help you navigate the school requirements and stand up for your child’s
educational rights. Given the current focus of the federal government
on immigration enforcement, there may come a time in the near future when
you and your family need help with various legal matters, including representation
in deportation proceedings. The deportation defense lawyers of
Landerholm Immigration, A.P.C., pride themselves on aggressively representing the interests of those
immigrants who are facing potential deportation by American immigration
authorities. Our goal is to gather evidence in your favor, build a strong
case on your behalf, and develop a strategy that is best designed to help
you remain in the United States and move on with your life. The earlier
we can get started with your case, the more likely you are to prevail
in your deportation proceedings. Don’t hesitate to contact us today
and learn what we can do to assist you.
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