• NJ prohibits barring students based on immigration status (including undocumented students) from enrolling in public schools. Enrollment of Students Based Upon Immigration Status 

NJ prohibits school districts from making enrollment contingent upon receipt of specific information or documentation (including those related to citizenship or immigration status, social security cards, or driver’s licenses); proof of residency or age is acceptable, but students cannot be denied enrollment for failing to present a particular form or document.

• NBPS Policy 5111 Eligibility of Resident/Nonresident Students

•  A Supreme Court ruling Plyler vs. Doe states that a school district cannot deny any educational rights to any student, regardless of immigration status.

• The NJ Attorney General issued a statewide policy that prohibits police officers from asking an individual’s immigration status or participating in or aiding ICE’s civil immigration enforcement efforts, including efforts to enter school grounds.  How the Immigrant Trust Directive Changes Law Enforcement Practices

• This attached link, Protecting the Rights of Undocumented Students, briefly reviews the current status of federal law related to the education of immigrant students and the foreseeable educational and legal issues that school districts should plan for in the coming months.

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to consent to the disclosure of personally identifiable information from education records, except as provided by law. 

FERPA requires schools to make a “reasonable effort” to notify parents in advance of disclosing student records so the parent “may seek protective action”. Additionally, State regulation (N.J.A.C. 6A:32-7.6) provides, among additional requirements, parents and students the right to three days' notice of the request.

The Family Education Rights and Privacy Act of 1974 (FERPA) requires that schools withhold information that could identify students to third parties, including federal immigration officials.

• District Policy:  8335 - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

• FERPA regulations and state regulations (N.J.A.C. 6A:22-3.3) in sharing student information

Every family has the right to access information and understand their rights. The resources below provide helpful information about immigrant rights, family preparedness, citizenship, and available legal protections.

We encourage families to use trusted and reliable sources when seeking information or legal assistance.

Know Your Rights Resources

• American Civil Liberties Union (ACLU) — Information about immigrant rights and what to do if you encounter immigration enforcement.

  • American Civil Liberties Union (ACLU)

• Immigration Legal Resource Center (ILRC) — Know Your Rights resources and tools for immigrant families.

  • Immigration Legal Resource Center (ILRC)

• Family Preparedness Plan — Resources to help families create a plan and prepare for unexpected situations.

  • Family Preparedness Plan

• United We Dream — Know Your Rights information and resources related to immigration and deportation defense.

  • United We Dream

• United States Citizenship and Immigration Services (USCIS) — Official information about U.S. citizenship and the naturalization process.

• United States Citizenship and Immigration Services (USCIS)

• DACA (Deferred Action for Childhood Arrivals) — Information from USCIS about DACA.

  • DACA – Deferred Action for Childhood Arrivals

• NJ Immigration Resources — New Jersey resources and information for immigrant communities.

  • NJ Immigration Resources

If you or a family member needs immigration-related legal assistance, these organizations may be able to provide information, referrals, or legal services.

• LSNJLAW – Immigration — Legal information and assistance for immigration matters.

• National Immigration Legal Services Directory – New Jersey — A directory to help families find nonprofit immigration legal service providers.

• Make the Road New Jersey — Community-based support and resources for immigrant and working families.

• Amica Center for Immigration Rights — Legal services and advocacy for immigrants and families.

• Legal Aid Justice Center (LAJC) — Legal advocacy and support for individuals and communities.

Resources for Immigrant and Refugee Families

• Families may also need support with areas beyond immigration, including education, employment, health, housing, safety, and resettlement.
• 60 Resources for Supporting Immigrant and Refugee Communities provides a collection of resources that can help connect families with additional support.

Important Reminder

The information on this page is provided as a starting point to help families find trusted resources. Immigration laws and policies can change. For questions about your specific situation, we encourage you to speak directly with a qualified immigration attorney or accredited legal representative.

• Culturally competent trauma-informed practices

• Mental health counseling services are available to all students outside of school, including resources for immigrants and refugees

• Stress management techniques the school can implement to help students cope with uncertainty and anxiety

• Support for educators of students affected by trauma 

• Do your students’ families have access to Immigration Rights Resources and "Know Your Rights"  information? 

• Do your students’ families have a Family Preparedness Plan to address immigration circumstances? 

• Do your students’ families have access to Pro Bono Legal Service Providers? 

• Are your students and families aware of the FAFSA graduation requirement waiver available to them?

Below is a list of resources focused on preparing for and responding to trauma caused by deportation, as well as general trauma support resources for schools: 
 

NJ DOE TRAUMA-INFORMED/TRAUMA-SENSITVE PRACTICES

https://www.nj.gov/education/safety/wellness/trauma/

Offers guidance and tools for schools to implement trauma-informed/trauma sensitive practices, creating supportive learning enviorments for all students, and including those impacted by deportation or other traumatic events.  

Teaching Tolerance: Supporting Immigrant and Undocumented Students

Provides strategies and tools for educators to support undocumented students and those from immigrant families including addressing trauma, creating a safe, welcoming environment, and informing students and families of their rights. 

Trauma-Sensitive Schools Training Package (National Center on Safe Supportive Learning Environments)

Offers school and district administrators and staff a framework and roadmap for adopting trauma-sensitive approach school-or district-wide. The Training Package  includes a variety of resources for educating school staff about trauma and trauma-sensitive practices and for providing school leaders with a step-by-step process for implementing a universal, trauma-informed approach using package materials. 

Supporting Immigrant Families and Students

Developed by the National Education Association (NEA), this website includes resources for educators to understand the impacts of immigration enforcement and existing immigration policies. 

Guiding Caregivers: How to Talk to a Child about Deportation or Separation

Offers guidance on how to talk with children about deportation or separation. This fact sheets guides family members, caregivers, as well as providers, on how to speak to children about these issues including, if it is appropriate to talk to children at all about such things and how to use analogies to explain the idea of deportation and separation. 

The Trauma and Learning Policy Initiative (TLPI)

Ensures that all students, including those impacted by trauma, succeeded ay their highest levels in school and in life. We define trauma to include harms stemming from individual adverse experiences as well as from the structural inequities like racism. 

• Enrollment of Students Based Upon Immigration Status Broadcast

• Educator Resource Guide: Supporting Immigrant Students & Families

• Immigrant and Refugee Children: A Guide for Educators and School Support Staff

• Information on the Rights of Unaccompanied Children to Enroll in School and Participate Meaningfully and Equally in Educational Programs

• Lessons and Research-Based Strategies for Supporting Immigrant Youth and Families in K-12 schools

• National Immigration Law Center

• NYU Law Immigration Resources

• IMMIGRANTS’ RIGHTS RESOURCES

• Protecting Access to Education for Unaccompanied Children 

• Sensitive Locations Memorandum, 2011 (Subject to Change)

• Safe Spaces Fact Sheet  (Subject to Change)

• U.S. Department of Homeland Security Safe Spaces Fact Sheet 

• Factsheet: Trump’s Rescission of Protected Areas Policies Undermines Safety for All

• United States Department of Education’s (USED) September 6, 2023 letter to Chief State School Officers

• U.S Department of Education Newcomer Tool Kit