Can a district refuse to enroll undocumented immigrants who have no proof of guardianship?
No, not if they are covered by the McKinney-Vento Act. Undocumented students have the same right to public education as U.S. citizens. Plyler v. Doe , 457 U.S. 202 (1982). Therefore, the McKinney-Vento Act applies to them in the same way it would apply to any student: if the student meets the definition of homeless, he or she must be enrolled in school immediately, even if lacking proof of guardianship. The McKinney-Vento Act does not apply to immigrant students who live in a fixed, regular and adequate residence.
Related Questions
- Chertoff says explicitly that he does not endorse giving licenses to undocumented immigrants. Doesnt that mean he still thinks that part of the system is not secure?
- Can a district refuse to enroll undocumented immigrants, i.e. immigrants who are in this country illegally, who are temporarily housed?
- What happened to the undocumented immigrants who got amnesty?
