Education Secretary Betsy DeVos changed her position on whether schools should report undocumented students.
Asked during a congressional hearing Tuesday whether federal law allows teachers or principals to contact U.S. Immigration and Customs Enforcement about undocumented students, DeVos responded, “I don’t think they can.”
That comment represents a break from what the secretary said at a hearing last month. During that appearance, DeVos said the decision should be left up to individual schools.
“That’s a school decision. It’s a local community decision,” DeVos told House lawmakers, adding that “we have laws and we also are compassionate.”
Civil rights groups and congressional democrats lashed back at Devos’ comments, citing a 1982 decision for Plyler v. Doe in which undocumented immigrants were guaranteed an education regardless of immigration status.
Since that decision, courts have taken other measures to ensure that students will not be deterred from coming to school, prohibiting things like requiring a U.S. birth certificate or threatening to call immigration authorities. The Washington Post noted that about 725,000 K-12 students were undocumented in 2014, according to the most recent data available from the Pew Research Center.
DeVos noted on Tuesday before a Senate appropriations subcommittee that Plyler vs. Doe is a “settled case” that allows “students who are not documented have the right to an education.” She added that “it’s incumbent on us to ensure that those students have a safe and secure environment to attend school.”
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