Can Immigrants Send Their Children to Public School?
Immigration can be so confusing that it’s hard to know what’s safe to do and what’s not safe to do. Fortunately, when it comes to helping children get an education, the law is very straightforward. There is no reason why you should ever have to fear bringing your kids to school.
Yes, you may absolutely send your child to public school. In the United States, any child within our borders has the right to a public education, regardless of immigration status. Even undocumented children, or the children of undocumented immigrants, may attend school.
Public schools may not discriminate against you or your children at any point during this process.
In addition you should know there’s nothing dangerous about applying for programs like free or reduced lunch. The school is required to process these applications regardless of immigration status. The free and reduced lunch application does not require a social security number and does not ask about immigration status at any point.
In addition, school officials are not allowed to share the information they receive from enrollment documents or from free or reduced lunch programs with ICE or Homeland Security. The laws governing free and reduced lunch in particular specifically prohibit this information from being shared with other agencies or using this information for ICE enforcement.
Even while the Public Charge Rule was still in effect, school lunch and breakfast programs were not included under the definition of a public benefit. It’s also safe for your child to access school provided health services such as the nurse’s office or an in-school clinic where such services exist.
3 weeks ago the US Department of Homeland Security announced that the Biden administration would no longer enforce the 2019 public charge rule at all. This means applicants seeking a green card are no longer required to submit Form I-944, the Declaration of Self-Sufficiency, or related supporting materials. If your application went in on or after March 9, 2021, USCIS wills imply disregard all I-944 information that you sent. If you got a request for evidence pertaining to the public charge rule you can usually ignore it, though you might want to consult your attorney before doing so.
If you have other questions about other actions that you might take, reach out to John Hykel Law. We can help you navigate your toughest immigration issues. Contact us to get started today.
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