Oklahoma May Soon Ask K-12 Families for Proof of Citizenship

Oklahoma is considering a rule change that would require parents to disclose their immigration status when attempting to enroll their children in public schools.

“In order to assess statewide and local educational needs…a parent or a legal guardian of a child, or an emancipated minor, shall provide proof of United States (‘U.S.’) citizenship at the time of enrollment,” reads the proposed rule. The suggested changes also contain a provision requiring schools to report to the state the number of undocumented children enrolled.

So far, the rules have been approved by the Oklahoma State Department of Education, though they will need final approval from the Legislature and the governor.

The rule changes were subject to almost immediate outcry, with many advocates pointing out that undocumented children have had the constitutional right to enroll in U.S. public schools since the 1982 Supreme Court case Plyler v. Doe. Oklahoma State Superintendent Ryan Walters has insisted, however, that the new policy isn’t intended to discourage undocumented parents from enrolling their children in school, but rather to keep track of how many kids don’t have legal status. “I’m going to just start off by being crystal clear. Our rule around illegal immigration accounting is simply that it is to account for how many students of illegal immigrants are in our schools,” Walters said during a Tuesday school board meeting.

“We want to make sure that all that information is gathered so that we can make decisions on where resources go and where personnel go,” he added during the meeting. ”And we can continue to make sure that Oklahoma is leading the country in education reform, but to do that…you have to have the data around where your kids are coming from.”

However, Walters also said last week that he would comply with an executive order to allow Immigration and Customs Enforcement agents in schools and released a statement on Monday arguing that “schools are crippled by the flood of illegal immigrants,” adding that “time and time again, the liberal media has demonstrated it does not understand the weight of the issues created by unchecked illegal immigration.”

Advocacy groups have already begun arguing that Walters’ new rules would violate Supreme Court precedent.

“All children have a constitutional right to equal access to education regardless of their citizenship or immigration status,” reads a January letter from the National Immigration Law Center. “Requiring school districts to collect information about immigration status illegally chills access to this opportunity, interfering with their 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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