Review

The controversy that circumscribe this predicament in our society involve ideas that students from unauthorized families suffer cumulative effects from being marginalized, having lost one or more parent, and other cascading adverse life experiences which place them at risk for academic underperformance (Sulkowki, 2017) and decreases the chance of them becoming U.S. citizens (“Immigrants and Higher Education,” 2015). Public schools have developed the prerogative to provide FAPE to all students, regardless of their immigration status, and educators are in an auspicious position to support and guide the academic success of these students. As key stake-holders, they can assist in the overall success of this vulnerable population of students. In an article by the Association of American Colleges and Universities, it states “all immigrant groups, including those whose members typically arrive in the United States with low levels of education, show strong intergenerational progress on educational attainment…” (“Immigrants and Higher Education,” 2015). Research has proven that education is a major factor affecting an immigrant’s participation in civic activities and becoming naturalized U.S. citizens (“Immigrants and Higher Education,” 2015). In contrast, there is the misconception that unauthorized immigrants do not pay government taxes therefore their children should not have access to the public education system (LeMay, 2015). The fact is, the IRS estimated that unauthorized immigrants pay over $9 billion annually in withheld payroll taxes (Hallman, 2018). According to the Center on Budget and Policy Priorities, sales tax and local tax are what fund our public school systems (2018). This means that unauthorized immigrants are contributing to federal and local taxes, both of which financially support of education programs.

U.S. law is clear on this point that no child should be excluded from an education in the United States, yet there remain injustices in the system. In some communities, school districts fear that immigrants will drag down the performance rate on standardized tests and are reluctant to enroll them. Other schools refuse to waver from rigid residency and guardianship requirements claiming students are too old. In reality, those districts reward high graduation rates and fear students may age out before they attain completion of high school. Researchers from Georgetown Law discovered some schools were steering students to alternative education programs, such as institutions for behavior issues (Walker, 2016). The harsh reality is, many schools do not have the resources or the proper training to assist with enrollment and complying with the law.

There are several policies and practices that educational institutions can implement to assist unauthorized students and families, including providing a pathway to citizenship, facilitating school enrollment, and supporting academic success. The Deferred Action for Childhood Arrivals (DACA) provide short-term protection from deportation. Research on DACA revealed participation in the program is associated with “greater integration and involvement in U.S. society” (Sulkwoski, 2017), higher educational aspirations, an increased likelihood of obtaining credit cards, opening bank accounts, and obtaining a driver’s license (Pope, 2016). Under the McKinney-Vento Act, students are guarantees immediate enrollment and includes a provision of supports that help stabilize students’ educational placement, such as transportation to and from school. Currently, 90% of school systems are utilizing a multi-tiered system of supports (MTSS) to identify and intervene early to address the needs of struggling students (Pope, 2016). Educators and allied professionals must develop a unified strategy to support these students who have a right to FAPE. These partnerships have been found to promote resilience, academic achievement, and adjustment in immigrant students (Sulkwoski, 2017).

Ultimately, unauthorized children who immigrate to the United States have the right to a free appropriate public education. Research proves that most unauthorized immigrants do pay taxes, therefore they contribute to the public school system. While U.S. is clear regarding the education of children, including those without documentation, there are still many injustices occurring within the confines of public school. Policies such as DACA, the McKinney-Vento Act, and the practice of MTSS are solutions and tools that can be utilized to support these students and their rights. As Eleanor Roosevelt was once quoted, “For our own success to be real, it must contribute to the success of others.”

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