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1 Colum. J. Race & L. 187 (2011-2012)
Protecting Plyler: New Challenges to the Right of Immigrant Children to Access a Public School Education

handle is hein.journals/cjoral1 and id is 194 raw text is: PROTECTING PLYLER: NEW CHALLENGES TO THE RIGHT OF IMMIGRANT CHILDREN TO ACCESS A PUBLIC SCHOOL EDUCATION Udi Ofer Thirty jears ago, the Supreme Court ruled in Plyler v. Doe that undocumented children have the same ri ht to access a public school education as children who are United States citiZens or immigrant children law/fuly admitted to the United States. Yet today, undocumented children still face numerous obstacles when attempting to access a public school education. Moreover, new questions have arisen about the ri ht of children on nonimmgrant visas to enroll in school. This Article reviews the Plyler decision and subsequent attempts to reverse the ruling. The Article examines the rise of the modern-da movement to restrict immigration and the impact of this movement on the rght of immigrant children to access a public school education. The Article considers several examples of school districts preventing immigrant children from enrolling in school, and argues that children on nonimmigrant B visas should not be denied enrollment. Finaly, the Article concludes by recommending numerous steps Jr the federal government to take to ensure that school districts provide equal access to an education to all immigrant children. INTRODUCTION ................................................ 188 1. TIE SUPREME CouRi's LAND\L\RK PLYLER DECISION.......... 189 II. SuBSI QuLINT ElFORTS TO CHf-IAL INGI PLYLER AND ENsuING POLITICAL TENSION ........................... ........195 III. LoCAL AND STAIE AiTIEMPiS To PREN ENT AND DETER IMMIGRANT STUDENi ENROLLMEN ............ ............. 204 A. Schools Mandating or Requesting Proof of Immigration Status During Enrollment. .................... .......204 B. Nonimmigrant Children and School Enrollment..............211 Udi Ofer is the Advocacy Director of the New York Civil Liberties Union (NYCLU). He is also an adjunct professor at New York Law School. Udi thanks Donna Lieberman, Adriana Pifi6n, Shira Roza, Clare Tarpey, Jennifer Carnig, and ilichael Tan for their work to protect the civil rights of immigrant New Yorkers, and to ensure that every child in New York State has access to a public school education.