OKLAHOMA CITY — The Oklahoma State Board of Education on Tuesday approved a proposal requiring parents to report their immigration status or proof of citizenship when enrolling their children in public schools.
The board voted unanimously to approve the proposed administrative rule, which still needs to be approved by the state Legislature and the governor before it can take effect. The controversial rule would require a parent or a child’s legal guardian to provide proof of U.S. citizenship at the time of enrollment.
The proposed rule would not prevent students from enrolling based on their legal status. In a 1982 U.S. Supreme Court ruling, Plyler v. Doe, the court said all students had the right to enroll in public schools without regard to the immigration status of themselves or their parents or guardians.
But according to the proposal, school districts would be required to “submit only information of the total number of students that lack of documentation, excluding any personally identifiable information to the Oklahoma State Department of Education.”
“Nothing in this Section shall be construed to prohibit, or inhibit, any child from receiving the education they are entitled to receive under the United States Constitution, the Oklahoma Constitution, or state or federal law,” the proposal says. “No data outlined in this Section shall be used to record an individual student’s citizenship status or legal immigration status.”
The proposal comes amid a rise in fear and anxiety across schools in the U.S. after the Trump administration authorized federal authorities last week to conduct immigration arrests on school campuses. The move was among a flurry of changes tied to immigration and refugee admissions.
The proposed rule immediately received some backlash with Nicholas Espíritu, deputy legal director at the National Immigration Law Center, calling it a “direct violation of the rights and freedoms of Oklahomans” and a “clear attempt to instill terror in communities across the state.”
“All children living in the United States, regardless of their immigration status or that of their parents, have the right to attend K-12 public school,” Espíritu said in a statement. “Requiring school districts to prove parents’ citizenship illegally chills access to this opportunity and interferes with schools’ ability to focus on their core mission: to educate children and give all students the ability to grow, thrive, and participate fully in our democracy.”
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Even as hundreds of protesters gathered outside the Oliver Hodge Building, where the state board meetings are held, the board discussed the immigration rule for about a half-hour before voting without objection to approve State Superintendent of Public Instruction Ryan Walters’ entire slate of the rules.
Asked after the meeting if his agency would be tracking students or parents’ data, Walters replied: “All of the above.” Walters, a Republican, also has previously said his agency would work with federal law enforcement and would support them if they chose to raid Oklahoma schools.
“We’re a country of law and order,” he said. “We have laws and rules in place. Clearly, you are supposed to enter the country legally. We are providing information and documentation over the students in our schools. It is incredibly necessary for us to continue to move up in the education rankings … to have this information. We will continue to collect that information. We will move forward with these rules and listen, we’re being very open, very transparent about that process.”
Walters added: “President Trump has a clear mandate to get illegal immigration under control, so we’re going to continue to do those things to make sure that the information is there and the information is available.”
Hundreds of Latino community members and allies gathered in front of the Oliver Hodge Building on Tuesday to protest against Walters’ policy that requires schools to report the number of undocumented students in their districts. The rally was organized by a local organization called Advocacy for Immigrants.
One of the organizers, Fernando Baquera Ochoa, is a teacher at U.S. Grant High School in southwest Oklahoma City. He’s a recipient of the Deferred Action for Childhood Arrivals program, which shields him and other DACA recipients from deportation and allows them to work legally in the country.
Baquera Ochoa, 31, told The Oklahoman, part of the USA TODAY Network, in November that he heard concerns about Trump’s promises of mass deportations from his undocumented students. Now, they ask Baquera Ochoa each day if U.S. Immigration and Customs Enforcement is going to raid their school.
“I had a student tell me that he’s going to withdraw for a month and see where things are,” Baquera Ochoa said. “It’s affecting our classrooms. It’s affecting the way we’re learning and who is learning.”
Demonstrators held signs that condemned Walters, Oklahoma Gov. Kevin Stitt, ICE, and anti-immigrant rhetoric.
“Kids are supposed to be afraid of spiders. Not ICE,” one sign read.
“My mom is NOT a CRIMINAL 4 wanting to give me A BETTER LIFE!” read another.
People living in the United States, regardless of immigration status, have certain rights and protections provided by the U.S. Constitution, according to the American Civil Liberties Union. They are:
To prepare for possible immigration crackdowns the National Immigration Resource Center recommends:
Legal experts recommend families with members who do not have legal status consult with an attorney and keep their contact information nearby.
Contributing: Zachary Schermele and Thao Nguyen, USA TODAY; Valentina Palm and Katherine Kokal, Palm Beach Post
