The American Council of Immigration does not approve or oppose candidates for elected offices. We aim to provide an analysis of the impact of elections on the US immigration system.
By: Jojo Tompkins, State and Local Fellows, American Immigration Council
For generations, the United States has supported education as a foundation for better opportunities. However, immigrant politics creates new barriers for immigrant children and families in accessing both K-12 schooling and higher education.
These actions place an undue strain on immigrant students and their families to navigate new changing hurdles that limit educational opportunities and potential for success.
Immigration enforcement: Schools as a sensitive place
On January 20th, the Trump administration retracted its policy to protect certain “sensitivity” places from immigration enforcement, including schools. This new threat to US Immigration Customs Enforcement (ICE) agents appearing at schools has caused anxiety among undocumented students. K-12 public schools expect attendance to decline as fears are rising among students and their families.
Many schools across the country are taking action to fulfill this new moment. Denver Public Schools have sued the Trump administration over a policy that allows ice agents at schools. Teachers are passing time from planning lessons to learning how to support immigrant students. States such as California, Illinois and Maryland have also implemented policies that require the protection of immigrant students on school grounds.
At the university level, universities are also forced to respond to new enforcement policies. The University of Michigan and the University of Oregon have issued guidance to staff and students to clarify some of the buildings and buildings where ice is generally accessible, and which areas of campus ice should secure a judicial warrant.
Additionally, university students in California, Washington, DC, and Texas have called on school administrations to implement policies to protect immigrant students.
Meanwhile, the North Carolina Legislature is rapidly moving forward with bills that prevent universities in the North Carolina (UNC) system from providing “sanctuary” to undocumented students.
Barriers of higher education
Some states take extreme barriers to higher education by restricting access to in-state tuition fees for previously permitted, undocumented students. The Texas Legislature has introduced nine bills to eliminate undocumented students’ access to in-state tuition fees and financial aid. Florida currently limits tuition fees within the state based on immigration status, but Congress has introduced additional bills that attempt to limit the ability of undocumented students to attend higher education institutions.
Barriers to K-12 education
Other states focus on the right to public education for undocumented students from free kindergarten to high school. In 1982, the Supreme Court was told by Plyerv. In Doe, the status of immigrants, or lack thereof, was not a valid basis for refusing public education to children in the United States.
Illinois has introduced legislation to further protect this access and prohibit children from being denied education based on immigration circumstances. However, Tennessee and Texas have introduced legislation to quickly take this away. These efforts undermine decades of legal precedents, creating new hurdles for undocumented students, and threatening to oust them entirely from the education system.
What is in danger?
These policy changes put the future of undocumented students at risk and have a far-reaching impact on the nation. For example, an increase in immigration enforcement has been shown to raise chronic absenteeism in which immigrant students are absent in at least 10% of the grade. These constant absences have a negative impact on the long-term success of students. One study shows that 60% of immigrant student teachers reported that enforcement affects the academic performance of immigrant students. If students focus on the fear of immigration enforcement, they are not focused on academics, leading to academic and overall careers, achievements.
Furthermore, limited access to higher education opportunities limits the possibility of ensuring well-paid jobs for students, pushing more migrant youths at earlier ages into the workforce. This change raises serious concerns about minors’ labour exploitation and dangerous working conditions, particularly in Florida, where states are trying to assert child labor laws.
The country also has economic impacts. Lack of access to educational opportunities hurts local and state economies by economically retreating current and future generations and limiting the potential for profits of newcomers who are essential to the community as taxpayers and consumers. Our previous research shows that if Texas changes its residency requirements within the state, it could lose approximately $244.4 million in wage revenue and $216.9 million in additional spending annually.
If students deny opportunities to learn based on immigration circumstances, we not only close classroom doors, but also turn our backs on the principles of equality, progress and the belief that all children deserve the future.
