First, public schools must enroll all eligible students, regardless of their possible undocumented status. In the 1980s, the Supreme Court struck down a Texas law restricting immigrant students’ admission to public schools. Today, Chapter 25 of the Texas Education Code lays out the requirements for admission; legal immigration status is not among the criteria. However, this does not mean a school cannot require proper documentation of a student’s eligibility to enroll.

Second, schools should avoid overly-rigid documentation requirements. Districts may require proof of a student’s age, identity, and residence, but the class of documents suitable for this purpose must not be so narrow as to exclude immigrant students. Foreign documents are acceptable. Further, districts should never engage in discriminatory practices such as asking parents additional questions or for extra documentation based upon the student’s perceived national origin, and should never ask about a student’s immigration status. For children under 11, the district must contact law enforcement if a parent fails to provide proof of the child’s age and identity—this is strictly for the purpose of identifying missing children, and not to determine immigration status.

Third, if an immigration official comes to the school to interview a student, obey all district policies regarding law enforcement in the schools. These are outlined in Board Policy GRA (LOCAL), which usually requires the official to prove his or her identity, for the principal to contact the student’s parents, and for an administrator to be present during the student’s questioning. Schools may not disclose FERPA-protected information to law enforcement unless an exception applies or the official has a subpoena.

The above recommendations are just the basics, and every situation is different. When in doubt, contact an experienced school law attorney. Remember, your primary objective is to serve all students, reduce exposure to civil rights liability, and maintain a positive image in the community.