Oklahoma Education Board Approves Rule Requiring Immigration Status Disclosure from Students and Parents
OKLAHOMA CITY — On Tuesday, the Oklahoma State Board of Education approved a new requirement that mandates parents disclose their immigration status or provide proof of citizenship during their children’s enrollment in public schools.
The board voted unanimously to endorse this proposal, which still needs approval from the state Legislature and the governor to become enforceable. This contentious rule would require parents or legal guardians to present documentation confirming U.S. citizenship at the time of enrolling their child.
Under this proposed regulation, students would still be able to enroll irrespective of their legal status. A U.S. Supreme Court decision from 1982, in Plyler v. Doe, confirmed that every student has the right to attend public schools regardless of their or their parents’ immigration status.
However, the board’s proposal entails that school districts must report the total number of undocumented students, without revealing any personal details, to the Oklahoma State Department of Education.
The proposal explicitly states that it should not be interpreted as preventing any child from accessing the education guaranteed to them under U.S. and Oklahoma law. It also emphasizes that the collected data will not be used to track individual students’ citizenship or immigration status.
This proposal emerges amid growing anxiety in schools across the U.S. following the Trump administration’s recent authorization for federal agencies to carry out immigration arrests on school premises, part of a broader shift in immigration policies.
Criticism quickly followed the proposal, with Nicholas Espíritu, deputy legal director at the National Immigration Law Center, asserting it infringes on the rights of Oklahomans and serves as a means of instilling fear within communities statewide.
“Every child in the U.S., regardless of their immigration status or that of their parents, is entitled to K-12 public education,” Espírito stated. “Mandating school districts to validate parents’ citizenship unjustly limits access to education and disrupts schools’ core mission: educating children and enabling them to thrive in our society.”
Oklahoma State Board of Education Votes Amid Protests Outside Building
As hundreds protested outside the Oliver Hodge Building, where the board convened, discussions regarding the immigration rule lasted approximately thirty minutes before the unanimous vote to approve all rules proposed by State Superintendent of Public Instruction Ryan Walters.
When questioned after the meeting about whether his agency would monitor students’ and parents’ data, Walters responded: “All of the above.” The Republican superintendent has indicated that his agency will cooperate with federal law enforcement and support any school raids if needed.
“We are a nation that values law and order,” he stated. “We have established rules and regulations. It is essential that individuals enter the country legally. We need to gather detailed information about our students to enhance our education system and improve our rankings. We will keep collecting this information and maintain transparency throughout the process.”
Walters continued: “The Trump administration has a clear directive to manage illegal immigration, and we will take actions to ensure that relevant information is available.”
‘It’s Affecting Our Classrooms’
A large gathering of Latino community members and their supporters assembled in front of the Oliver Hodge Building to protest against Walters’ directive that obligates schools to report on undocumented students in their districts. This demonstration was organized by a local group known as Advocacy for Immigrants.
Fernando Baquera Ochoa, an organizer and teacher at U.S. Grant High School in southwest Oklahoma City, is a recipient of the Deferred Action for Childhood Arrivals (DACA) program, which protects him and other DACA beneficiaries from deportation.
Baquera Ochoa, 31, shared with The Oklahoman, part of the YSL News Network, that many of his undocumented students have expressed trepidation over potential mass deportations promised by Trump. Every day, they inquire whether U.S. Immigration and Customs Enforcement (ICE) might raid their school.
“I have a student who mentioned he plans to withdraw for a month to see how things unfold,” Baquera Ochoa said. “This situation is impacting our classrooms and hindering the learning experience.”
Protesters displayed signs denouncing Walters, Oklahoma Governor Kevin Stitt, ICE, and anti-immigrant sentiments.
“Kids should fear spiders, not ICE,” one placard read.
“My mom is NOT a CRIMINAL for wanting to give me A BETTER LIFE!” stated another sign.
Know Your Rights, Regardless of Immigration Status
Individuals residing in the United States, irrespective of their immigration status, enjoy certain rights and protections under the U.S. Constitution, as asserted by the American Civil Liberties Union, including:
- The right to remain silent: You are not obliged to discuss your immigration or citizenship status with law enforcement or immigration officials. Any statements made may be used against you in court.
- If an immigration officer requests permission to search you, you can refuse. Agents lack the authority to search you or your possessions without your consent or a valid reason.
To prepare for potential immigration enforcement actions, the National Immigration Resource Center recommends the following:
- Collect essential documents for all family members demonstrating their length of residence in the U.S., such as birth certificates, U.S. tax returns, utility bills, leases, school records, medical files, and bank statements. Create an electronic folder accessible via your phone.
- Identify emergency contacts, memorize their phone numbers, and ensure they have access to all your documents.
- Share an emergency contact with your child’s school or daycare for pickup if you are detained.
- If you are detained by ICE, loved ones can find you using ICE’s online detainee locator by entering your date of birth and country of origin at https://locator.ice.gov/odls/#/search.
Legal experts advise families with members lacking legal status to seek guidance from an attorney and keep their contact information readily available.
Contributing: Zachary Schermele and Thao Nguyen, YSL News; Valentina Palm and Katherine Kokal, Palm Beach Post