ENROLLING YOUR

CHILDREN INTO
SCHOOL IN THE
UNITED STATES
WHAT YOU MAY HEAR...
“He doesn’t have a birth certificate.”
“You have only lived in the U.S. for a couple of months.”
“She is not the child’s legal guardian.”
“They don’t have any previous educational documents.”

HOWEVER UNDER FEDERAL LAW..

THE UNITED STATES SUPREME COURT HELD IN THE CASE OF PLYLER V. DOE,
457 U.S. 202 (1982) STATES:

School districts cannot ask a student

or family about their immigration
status, as it is unnecessary to
establish residency.

School districts cannot require

documents that would unlawfully
discourage an undocumented student
or a student with undocumented
parents.

School districts may not keep a

student from enrolling if they lack a
birth certificate.

Providing a social security number is

voluntary.

Caregivers may work with the school

to determine if an affidavit or other
assurance of the relationship between
child and caregiver is needed.

EDUCATION IS A FUNDAMENTAL
HUMAN RIGHT.
 ALL CHILDREN ARE ENTITLED TO
ENROLL IN PUBLIC SCHOOLS
REGARDLESS OF THEIR
NATIONAL ORIGIN,
CITIZENSHIP, OR
IMMIGRATION STATUS
IF THE PARENT OR GUARDIAN DOES NOT
SPEAK ENGLISH..
The school is required to ensure “meaningful communication”
by offering translated materials or a language interpreter, and
must provide a translator at any meetings. Language assistance
must be free and provided by appropriate and competent staff or
outside resources.

LEGAL RESOURCES
Visit MassLegalHelp for more information
on the rights of undocumented youths.

Download the U.S. Department of Health &

Human Services, Office of Refugee
Resettlement’s report on the rights of
undocumented children in the U.S. school
system here.

Download the U.S. Department of

Education‘s Resource Guide on Supporting
Undocumented Students in High School
and College here.

The Attorney General has also created an

advisory on the Rights and Obligations of
Schools in Response to ICE Requests for
Access or Information.