In the United States, all children regardless of their immigration status are entitled to receive a public education. This was established by the landmark Supreme Court decision in *Plyler v. Doe* (1982). The court ruled that states cannot deny students a free public education on account of their immigration status. According to this ruling, public schools were prohibited from adopting policies or measures that would effectively prevent children who are unauthorized immigrants from going to school.
The majority opinion in the case maintained that denying children of undocumented immigrants access to education would impose a lifetime of hardship on a discrete class of children not accountable for their presence within the United States. Moreover, the court underscored that withholding education would likely perpetuate a subclass of illiterates within our boundaries, which would be detrimental to both the children themselves and society as a whole.
Educating all children residing in the United States is not only a legal mandate but also considered essential for ensuring they can become productive members of society who contribute to the economy and civic life. Public schools do not have the legal right to inquire about a child’s immigration status or deny admission based on that status, reinforcing the commitment to universal access to education for all children living in the U.S.
The Department of Education has reinforced this position by stating that efforts by schools to deter enrollment by requesting information about students’ citizenship or immigration status violates federal law. Therefore, schools are required to enroll students regardless of their nationality or legal status to ensure they receive equal access to educational opportunities.
In summary, every child within the jurisdiction of the United States has the unequivocal right to enroll in and attend public school through high school graduation without regard to immigration status. This principle underlines the notion that access to public education is an inclusive right meant to foster an environment of equal opportunity for all.
