Another ramification of Plyler is the issue of whether immigration documents are acceptable
to be requested at the time of enrollment.
And it’s pretty logical to assume that if an undocumented child has a legal right to
attend free public school, then indeed any child who actually resides in that district
would have that right.
So, as a result of Plyler, immigration documents should not even be requested, but they’re
Now, one thing that some school districts occasionally get confused is the issue of
proving residency and immigration status.
And it’s important for folks to realize that where you come from or why you’re in
the United States has no relation to whether you’re a legitimate resident in that district.
If you’re living in a school district under state law with someone who has the right to
take care of you, essentially you have the right to attend a free public school, and
there shouldn’t be any immigration documents.
I get this kind of question very often.
And recently someone called our office and asked about whether requiring proof of a visa
was necessary for enrollment in public schools, and we explained that it is not required.
It shouldn’t be discussed, and only the issue of residency was a matter of concern.
And again, residency has nothing to do with immigration status.
It only pertains to whether the individual student and family is located within the school