Legal Action Brewing: New York State Democrats Ready To Challenge Schools Denying Enrollment To Undocumented Immigrant Students

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New York's Attorney General, Letitia James, and State Education Commissioner, Betty Rosa, have issued a stern warning to schools that attempt to obstruct or complicate the registration process for undocumented immigrants' children in public schools.

They have cautioned that such actions could lead to legal repercussions.

In a letter addressed to public school districts on Monday, James and Rosa stated, "Policies that make it difficult or impossible for migrant children and youth to enroll in school are contrary to state education regulations and may expose schools to legal liability."

The duo alleges that certain districts have demanded parents present voter registration cards, while others have insisted on proof of residency that is less than 30 days old or repeated proofs of residency from families lacking a formal lease.

The officials also criticized school districts that have threatened home visits for students unable to verify their residency with a formal lease. They stated, "These discriminatory policies harm our most vulnerable students, who rely on our schools for a safe, nurturing environment where they can learn and thrive."

The letter further clarifies that public schools are obligated to enroll undocumented immigrant children and homeless children immediately, even if these students cannot provide proof of residency, immunization records, school records, or other typically required documents. This is because all children, including undocumented immigrants, aged between 5 and 21, are entitled to public education in New York.

Since last April, over 100,000 undocumented immigrants have arrived in New York City, with nearly 19,000 children, primarily undocumented immigrants, residing in temporary housing and enrolled in the city's public school system.

The massive influx has resulted in New York's homeless shelters exceeding capacity, and the city has expended more than $1.2 billion to manage the undocumented immigrant situation.

Democratic officials, including New York City Mayor Eric Adams, who previously praised New York's "sanctuary city" status, have pointed fingers at Texas and federal officials, including the Biden administration, for the crisis.