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Part of the equal education library, sponsored by Greenberg Traurig.
Part of the Immigration rights library, sponsored by Skadden
No. The Family Educational Rights and Privacy Act (FERPA) does not allow schools to turn over a student’s file to federal immigration agents. Also, in Plyler v. Doe, the United States Supreme Court held that preventing undocumented children from going to school is unconstitutional.
However, in extraordinary circumstances involving public safety, the school can turn the student file over to the U.S. Immigration and Customs Enforcement (ICE).
School officials are non-reporters. They are not required to report undocumented immigrants to federal agents.
Getting student records for undocumented children
Parents and guardians can ask the school for information or student records. Your immigration status or your child's status does not matter.
Legal Comment
Worried about doing this on your own? You may be able to get free legal help.
Part of the equal education library, sponsored by Greenberg Traurig.
Part of the Immigration rights library, sponsored by Skadden
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