Federal rules for ‘undocumented’ students released

The Department of Education issued a resource guide on Tuesday that guides teachers on how they should treat undocumented students, and encourages them to boost educational and career opportunities for those students.

“Teachers … who serve immigrant students should understand the cultural and educational backgrounds of their students,” the 63-page document recommended. “The development of trusting relationships with educators is especially important for undocumented youth, and affirming attitudes toward students’ backgrounds and cultures may help to facilitate greater mutual trust.”

The department offered that advice right after a disclaimer saying these guidelines are just that, advice, not a requirement.

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“The U.S. Department of Education does not mandate or prescribe practices, models, or other activities in this guide,” the agency clarified. “This information … is provided for the reader’s convenience and is included here to offer examples of the many resources that educators, parents, advocates, administrators, and other concerned parties may find helpful and use at their discretion.”

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“The U.S. Department of Education does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information,” the disclaimer continued.

Then the agency offered pages of more guidance.

“Withhold judgment and biases about immigration status,” the document reads. “Educators and other personnel should not make assumptions about students’ immigration status — including assuming that ethnicity or speaking languages other than English imply non-citizen status.”

The booklet also reiterated public schools’ obligation to educate all children, regardless of citizenship status.

“Under federal law, [school districts] are required to provide all children with equal access to public education,” the guide reminded schools. “The United States Supreme Court held … that a state may not deny access to a basic public education to any child residing in the state, whether present in the United States legally or otherwise.”

Civil rights organizations and pro-immigration groups pushed the Obama administration to produce such a booklet to help illegal students and undocumented youth.

“Having educators who were capable of helping me navigate college applications, scholarships and local community resources gave me the confidence, as an undocumented student, to fulfill my dream of going to college and even earn a Master’s degree,” said United We Dream’s Laura Bohorquez.

The group, which represents so-called Dreamer students — named for the failed legislation that would have allowed undocumented students to attend college or join the military and eventually become citizens — said it advocated for the booklet’s creation.

The booklet outlined how undocumented students can receive financial aid, how migrant children can get their school records and teaches how to avoid citizenship scams, among other things.

“Undocumented youth … are members of our communities and our families,” said the Center for American Progress’ Tom Jawetz. “They are future business owners, employees and co-workers. They are future Americans. This country should do all it reasonably can to educate these young people and ensure their success because their success is our success.”

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