Children and Schools Grapple with Renewed Fears Amid Stricter Immigration Enforcement
The recent changes in immigration enforcement programs have led to jacked fears among children of emigrants and their families, particularly in academy settings. These enterprises stem from the cancellation of long- standing restrictions that preliminarily averted Immigration and Customs Enforcement( ICE) agents from conducting raids in sensitive areas similar as seminaries and churches. The Trump administration’s decision to lift these proscriptions has created a climate of anxiety, indeed though it remains unclear whether factual raids have passed in seminaries.
Policy Changes and Their Implications
Under the Trump administration, ICE is now permitted to make arrests in sensitive areas like schools, provided they have a warrant. This policy shift was justified by the Department of Homeland Security (DHS) as a necessary measure to prevent criminals from using schools and churches as safe havens. However, this change has sparked widespread fear among immigrant communities, particularly because schools are traditionally considered safe spaces for children.
The Biden administration also saw an increase in immigration enforcement activities. In fiscal year 2023 alone, ICE conducted 170,590 administrative arrests—a 19.5% increase over the previous year and more than any year during Trump’s first term. This demonstrates that heightened immigration enforcement is not limited to one administration but reflects broader trends in U.S. immigration policy.
Impact on Children and Schools
The psychological impact on children is profound. Many students live with constant anxiety about the potential deportation of themselves or their family members. According to educators like Denise Sheehan, who works near the U.S.-Mexico border, this fear manifests in various ways:
- Absenteeism: Some students stop attending school altogether due to fears of encountering ICE agents or returning home to find their family members missing.
- Decreased Engagement: Teachers report difficulties keeping students focused on schoolwork when they are preoccupied with worries about deportation.
- Emotional Distress: Children often ask questions like “Am I going home to an empty house?” or “Will my family be here tomorrow?” These concerns highlight their lack of understanding about complex legal issues but underscore their deep-seated fears.
Broader Social and Developmental Consequences
- Mental Health Issues: Chronic stress and anxiety can contribute to conditions such as depression and post-traumatic stress disorder (PTSD).
- Academic Performance: Fear-driven absenteeism and disengagement can result in lower academic achievement, limiting future opportunities for affected students.
- Parental Disengagement: Parents may become less involved in their children’s education due to fears of interacting with authorities at schools.
Legal Perspectives and Advocacy Efforts
Can a non-immigrant child attend school in the US?
1. Rights of Non-Immigrant Children to Access Education
Non-immigrant children, like all children in the U.S., have access to public primary and secondary education (grades K-12). The U.S. Supreme Court decision in Plyler v. Doe (1982) established that all children, regardless of their immigration status, have the right to attend public schools without discrimination. This ruling applies primarily to undocumented children but also ensures that non-immigrant children are not excluded from public education based on their visa or residency status.
Non-immigrant children typically enter the U.S. with temporary visas (e.g., tourist visas, student visas, or dependent visas). Their ability to enroll in school depends on their specific visa type:
- Dependent Visas (e.g., F-2, H-4, L-2): Children who accompany parents working or studying in the U.S. under these visa categories are generally allowed to enroll in public K-12 schools without restrictions.
- Tourist Visas (B-1/B-2): Children on tourist visas are not permitted to enroll in public schools because these visas are intended for short-term visits and do not allow for residency or long-term stays.
- Student Visas (F-1): Foreign students can attend private schools or public high schools for up to 12 months if they obtain an F-1 student visa before entering the U.S. However, they must pay tuition at public schools since federal law prohibits free education for F-1 students.
2. Public School Enrollment Requirements
- Schools may ask for proof of residency within their district boundaries but cannot inquire about immigration status.
- Social Security numbers are not required for enrollment; if requested, families can decline to provide them.
- Schools cannot engage in practices that “chill” access to education by discouraging families from enrolling due to concerns about immigration enforcement.
3. Private School Options
- Students on F-1 visas often choose private schools because there is no time limit on attendance as there is with public high schools.
- Families visiting temporarily may opt for private schooling if local public school enrollment is restricted by their visa type.
4. Higher Education Considerations
- Students must apply for an F-1 student visa if they plan to pursue higher education as international students.
- Non-resident tuition rates usually apply unless they qualify under state-specific provisions such as DACA-related policies or other exemptions.
5. Immigration Enforcement Protections
- Schools cannot share information about a student’s immigration status with federal authorities unless legally compelled through a court order.
- The Family Educational Rights and Privacy Act (FERPA) protects student records from unauthorized disclosure.
- abcNEWS
- National Immigration Law Center (NILC): A leading organization dedicated to defending immigrant rights through litigation, advocacy, education, and policy analysis.
- American Immigration Council: A nonprofit organization providing research-based insights into U.S. immigration policies’ social impacts.
- National Education Association (NEA): The largest professional organization representing educators in the United States; it advocates for public education policies that support student well-being and academic success.