Heading back to school comes with plenty of preparation—from school supplies and schedules to transportation and after-school activities. For immigrant families, it can also raise questions about your rights, what information schools can request, and how to prepare for unexpected situations.
As you prepare for the new school year, taking a few simple steps can help you and your children feel more informed and prepared. Here are some important things you should know.
Know Your Child's Rights
All children have the right to attend public school regardless of their immigration status. This protection comes from the U.S. Supreme Court’s 1982 decision in Plyler v. Doe. Your child’s immigration status—or your own—should not prevent your child from enrolling in public school.
Schools may ask for certain information, such as proof of residency within the school’s geographic radius or a student’s age, but they can’t use immigration or citizenship status as a reason to deny enrollment. Federal guidance also explains that schools should provide flexibility in the types of documents accepted for enrollment. For example, schools can’t require a Social Security number to enroll.
If you have questions about what documents your child’s school is requesting, ask the school to explain why the information is needed and what alternatives may be available.
Know Your Rights as a Parent or Guardian
You have an important role in your child’s education. Parents and guardians have the right to access their child’s educational records and participate in decisions related to their child’s education.
Depending on your child’s needs and applicable laws, this may include participating in decisions involving:
- Special education services
- English-language services
- Student support plans
- Other educational services
You also have the right to ask questions, raise concerns, and follow your school’s procedures for addressing disagreements or complaints.
Don’t be afraid to communicate with your child’s teacher, counselor, or school administrators when you have questions or concerns. Often, schools have bilingual staff ready to help, so be sure to ask your school about their family support resources.
Talk to Your Children About Their Rights
Children may hear conversations about immigration from adults, classmates, social media, or other sources. Avoiding the subject altogether can sometimes increase fear or confusion.
Instead, have an age-appropriate conversation with your child. Let them know:
- They can come to you with questions or concerns
- They can ask a trusted adult at school for help
- They should remain calm and respectful if they encounter an immigration official
- They can refuse to sign documents and ask to first speak with a trusted attorney or legal representative
The goal is to help your child feel informed and confident about seeking support or handling situations.
Provide Current Contact Information
One of the simplest—and most important—steps you can take is making sure your child’s school has accurate contact information such as the following:
- Your phone number
- Email address
- Home address
- Emergency contacts
- Authorized individuals who can pick up your child
Keeping this information current helps ensure you receive important school communications and can be reached quickly in an emergency.
Ask for Information in a Language You Understand
If English is not your preferred language, don’t hesitate to ask your child’s school about language assistance.
Schools have obligations to provide meaningful access to important educational information for parents with limited English proficiency. This can include information about enrollment, classes, programs, and school activities.
Understanding what’s happening at your child’s school helps you be a stronger advocate for your child.
Keep Important Information Organized
Back-to-school preparation is also a good time to make sure your family’s important information is organized. Keeping copies of birth certificates and immunization records in one folder, ready to go, can help make navigating the school year easier if you need to access these documents quickly.
Also, consider getting a U.S. passport or ID if your children are U.S. citizens. This is great for school field trips and provides peace of mind later if needed.
Create a Family Emergency Plan
Every family can benefit from having a plan for unexpected situations. For immigrant families, an emergency preparedness plan can provide additional peace of mind.
Consider:
- Choosing 2–3 trusted emergency contacts who know your child’s school and routine
- Setting up a Power of Attorney so a trusted family member can help with school or medical needs if you’re ever unavailable
- Making sure your children know the names and phone numbers of your emergency contacts
- Keeping important documents and contact information in a safe, accessible place
- Making sure your child knows the family phone number by heart
- Talking with your children about who they can turn to for help
Having an emergency plan in place now can make a difficult situation easier to navigate later.
Stay in School
Uncertainty about immigration enforcement can make you hesitant to send your children to school. However, students are still expected to attend school as required by state law, and staying home because of immigration concerns can result in attendance or truancy consequences.
If you have concerns about your child’s safety or your family’s circumstances, seek trusted legal guidance rather than making decisions based solely on information circulating online or through social media.
A New School Year Is a New Opportunity
Back-to-school season is about more than school supplies and new schedules. It’s an opportunity to make sure your family has the information, resources, and support you need for the year ahead. Know your rights. Know who to call. Make a plan. And don’t be afraid to ask questions.
Immigration policies and enforcement practices can change, and individual circumstances matter. If you have questions about your family’s immigration situation or want to understand your options, our legal team can help.
This article provides general information and is not a substitute for individualized legal advice. Immigration and education laws and policies can change, and rights may vary depending on your circumstances and location.
We know that each immigration case is unique. Please don’t hesitate to contact us with any questions you may have. We’re here to support your immigration needs.