Student Rights
All children have a right to equal access to a free public education, regardless of the immigration status of the child or their parent/guardian.
While schools may require proof of residency within the district, information about citizenship or immigration status is never needed for school enrollment.
Federal and state laws protect education records and personal information. These laws generally require written consent from parents/guardians before releasing information, unless it is for educational purposes, otherwise authorized by law, or in response to a court order or subpoena.
Students, parents, and guardians have the right to report a hate crime or file a complaint to the school district or the State Superintendent if they or their child has been discriminated against based on national origin.
School Registration (Enrollment)
State education law entitles children ages five years old and under 21 years old who have not received a high school diploma to attend the public schools in the LEA in which they reside without paying tuition.
Undocumented children, like U.S. citizen/resident children, have the right to attend school full time, as long as they meet the age and residency requirements established by state law.
The U.S. Supreme Court held in Plyler v. Doe (1982) that schools may not deny students a free public education on the basis of their undocumented or non-citizen status, or that of their parents or guardians.
At the time of registration, schools may not ask questions related to a parent or student’s immigration status nor request a Social Security number.
Although LEAs should collect certain data pursuant to state and/or federal laws, they should do so after a student has enrolled in school so as not to give the impression that information related to immigration status will be used in making enrollment determinations.
Resources for Families
Parents/guardians can update their child’s emergency contact information at school, including secondary contacts, to identify a trusted adult who can care for their child if they are detained or deported. They can also identify a “standby guardian” to care for their child if they are detained or deported, by completing this Maryland Judiciary form and providing a copy to schools, health care providers, and family members.
Families trying to locate someone who has already been detained, may use the Immigration and Customs Enforcement (ICE) detainee locator.
Legal assistance is available from a variety of sources, including immigration lawyers in private practice, accredited representatives (non-attorneys who assist individuals in immigration proceedings), and legal-aid organizations:
Several immigration organizations have prepared comprehensive guidance on preparing for and responding to immigration enforcement actions:
Families also may wish to contact the consulate or embassy of their country of origin for further information.