Policies, Barriers, and What’s at Stake 

The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system.

By: Jojo Tompkins, State and Local Fellow, American Immigration Council

For generations, the United States has upheld education as the foundation for better opportunities. But the fraught politics of immigration are creating new barriers for immigrant children and families in accessing both K-12 schooling and higher education.

These actions place undue burdens on immigrant students and their families to navigate new and changing hurdles that limit their educational opportunities and chances for success. 

Immigration Enforcement: Schools as Sensitive Locations 

On January 20, the Trump administration rescinded policies that protected certain “sensitive” locations from immigration enforcement, including schools. This new threat of U.S. Immigration and Customs Enforcement (ICE) agents showing up at schools has caused anxiety for undocumented students. K-12 public schools anticipate declining attendance due to rising fear among students and their families.

To meet this new moment, many schools across the country are taking action. Denver Public Schools sued the Trump administration over its policy allowing ICE agents in schools. Teachers are diverting their time from lesson planning to learning how they can support their immigrant students. States like California, Illinois, and Maryland have also introduced policies seeking to safeguard immigrant students on school grounds. 

At the collegiate level, universities have also been forced to respond to new enforcement policies. The University of Michigan and the University of Oregon issued guidance to staff and students clarifying what buildings and/or parts of buildings ICE can access generally, and what areas on campus ICE must secure a judicial warrant to access.  

Additionally, university students in California, Washington, D.C., and Texas called on their school administrations to implement policies to protect immigrant students.

On the other hand, the North Carolina legislature is quickly advancing a bill that prevents universities in the North Carolina (UNC) system from providing “sanctuary” for undocumented students.

Barriers to Higher Education 

Some states are taking creating barriers to higher education to an extreme by limiting access to in-state tuition for undocumented students where it was previously allowed. The Texas legislature introduced nine bills to repeal undocumented students’ access to in-state tuition and financial aid. In Florida—which now restricts in-state tuition based on immigration status—the legislature introduced an additional bill that seeks to restrict undocumented students’ ability to attend higher education institutions at all.   

Barriers to K-12 Education 

Other states are focusing on undocumented students’ right to a free K-12 public education. In 1982, the Supreme Court ruled in Plyer v. Doe that immigration status, or a lack thereof, is not a valid basis for denying public education to children in the United States.

Illinois introduced legislation to protect this access further and prohibit children from being denied education based on their immigration status. However,  Tennessee and Texas have introduced bills to take this right away. These efforts threaten to undermine decades of legal precedent and create new hurdles for undocumented students, potentially forcing them out of the education system altogether.  

What’s at Stake

These policy shifts jeopardize the futures of undocumented students and have far-reaching implications for the nation. For example, increased immigration enforcement has been shown to raise chronic absenteeism, where immigrant students are absent for at least 10% of the school year. These constant absences negatively impact the long-term success of students. One study shows that 60% of teachers with immigrant students reported that enforcement impacts their immigrant students’ academic performance. If students are focused on the fear of immigration enforcement, they are not as focused on their academics, leading to lower academic, and overall career, achievements.  

Additionally, limited access to higher education opportunities restricts students’ chances of securing higher-paying jobs and could also push more immigrant youth into the workforce at an earlier age. This shift raises serious concerns about labor exploitation and unsafe working conditions for minors, particularly in Florida, where the state is looking to axe child labor laws.  

There are also economic consequences for the country. A lack of access to educational opportunities would economically set back current and future generations, hurting local and state economies by limiting the earning potential of their newcomers who are vital to communities as taxpayers and consumers. According to our past research, Texas could lose about $244.4 million in wage earnings and $216.9 million in additional spending power annually if it changes in-state residency requirements.  

If we deny students the chance to learn based on their immigration status, we are not only closing classroom doors, but we are also turning our backs on the principles of equality, progress, and the belief that every child deserves a future.