Newcomer Immigrant Children’s Access to K-12 Education

Guaranteed schooling for students who recently arrived in the United States bolsters the local, state, and federal economy; strengthens learning outcomes for U.S. citizen children and helps preserve their education rights; and reduces vulnerability to child trafficking and labor exploitation—benefitting all Americans. K-12 public education of immigrant children is therefore not only legally and morally imperative, but also a proven investment in American prosperity. Congress and the Executive Branch should prioritize equal access to educational opportunities, regardless of a child’s immigration status, and support resources to help ensure quality education and safe community integration for all children. The government likewise must reject attempts at limiting educational access.

Background
In its 1982 decision in Plyler v. Doe, the U.S. Supreme Court affirmed the right of immigrant children to a free K-12 education, holding that the constitution’s Equal Protection Clause prohibits the denial of such education to students based on their immigration status.1 The decision emphasized the “importance of education to our democratic society” as well as to self-reliance and self-sufficiency.2 Subsequent federal legislation restricting other immigrant rights made explicit that those restrictions must in no way undermine Plyler v. Doe’s holding,3 effectively enshrining this right. Numerous states have since passed laws and implemented policies, such as in-state tuition for those seeking postsecondary education, that build on this federal foundation and recognize the value of educating all residents.

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