US law entitles immigrant children to an education. Some conservatives say that should change

BOSTON (AP) — At a sparsely attended meeting last year, the Saugus Public School Committee approved a new admissions policy, it said, to streamline the process of enrolling students.

But critics say the policy — including stringent requests for proof of “legal” residency and “criminal and civil penalties” for violators — has another goal: keeping immigrants out of the small school district outside Boston.

The debate over welcoming immigrant children into America’s schools extends far beyond the Boston suburbs. Advocates fear it could figure more prominently into a national agenda if Donald Trump wins a second term in the White House.

Conservative politicians in states such as Oklahoma, Texas and Tennessee are questioning whether immigrants without legal residency should have the right to a public education, raising the possibility of challenges to another landmark U.S. Supreme Court decision.

For decades, children of families living in the country illegally have had the right to attend public school based on a 1982 Supreme Court decision known as Plyler v. Doe. In a 5-4 vote, justices held it is unconstitutional to deny children an education based on their immigration status.

The new Saugus policy requires new students to share immigration records and says children must be “legal residents whose actual residence is in Saugus," where the share of students who are learning English has nearly tripled to 31% over the last decade. Families must also complete a town census, sign a residency statement and provide occupancy and identity documents.

Civil rights attorneys say the requirements are onerous and violate federal law by disproportionately harming students from immigrant families, who may lack many of the required documents, regardless of whether they're living in the country legally.

The chairman of the Saugus school committee, Vincent Serino, said during the meeting the policy is “tightening up” of existing residency rules and is not intended to keep out immigrants.

But a Nicaraguan woman said it took six months for her to enroll her 8-year-old child because of the document requirements. The woman, who spoke on condition of anonymity out of fear her child would face retaliation, said the town wouldn’t accept her lease and her complaints to the school were rebuffed.

Growing attempts to undermine Plyler v. Doe should be taken seriously, immigration experts say, pointing to the conservative-dominated Supreme Court’s readiness to overturn longstanding legal precedent, notably on abortion rights and affirmative action in higher education.

Trump, a Republican, has made immigration a central part of his 2024 campaign, vowing to stage the largest deportation operation in U.S. history if elected. He refers to immigrants as “animals” and “killers” and has spoken of immigrant children bringing disease into classrooms. A photo displayed at a recent Trump rally showed a crowded classroom with the words “Open border = packed classrooms.”

There is no disputing immigrant populations have strained schools in many communities, contributing to crowded classrooms and forcing teachers to adapt to large numbers of Spanish-speaking students.

But until recently, the idea of denying children an education would have been considered “too far to the right and too far fringe,” said Tom K. Wong, director of the U.S. immigration Policy Center at the University of California, San Diego. “But now we are seeing a political climate where previously fringe policies are becoming mainstream.”

Earlier this year, the conservative Heritage Foundation urged states to pass legislation requiring public schools to charge tuition to families living in the country illegally. Doing so, it said in a policy brief, would provoke a lawsuit that likely would "lead the Supreme Court to reconsider its ill-considered Plyler v. Doe decision.”

Over the summer, Oklahoma's education superintendent, Ryan Walters, announced his agency would be issuing guidance to districts about gathering information on the “costs and burden” of illegal immigration to school districts.

“The federal government has failed to secure our borders. Our schools are suffering over this,” Walters said.

Several school districts have pushed back, saying they will not check students' immigration status.

“Federal law is quite clear on this topic, as it prohibits districts from asking students or their families about their immigration status or to request documentation of their citizenship,” said Chris Payne, a spokesperson for Union Public Schools in Tulsa, outlining a common interpretation of the Supreme Court ruling.

In Tennessee, a proposal for universal school vouchers by Gov. Bill Lee, a Republican, led to debate over whether immigrant students should be excluded. The idea appealed to many of the Legislature’s conservative members, but some worried the exclusion would spark legal challenges. Ultimately, Lee abandoned his voucher proposal after several aspects of the plan failed to gain support.

The Saugus school committee in Massachusetts approved its admissions policy at a committee meeting in August 2023, two days after Gov. Maura Healey, a Democrat, declared a state of emergency over the state’s migrant crisis. At the time, Healey said nearly 5,600 families — many of them immigrants from Haiti and Venezuela — were living in state shelters, up from about 3,100 families the year before.

Serino, the school committee chairman, said the group began considering updating its residency policy more than a year before migrants became an issue in the state. He said the policy requires documents like a signed landlord affidavit or property tax bill, “simple stuff that everyone has.”

“We haven't hurt anyone and no one has come to us — no migrant, no parent has come to us to complain about the policy,” Serino said.

Local legal advocates say the policy has been a hurdle for at least two immigrant families trying to enroll in Saugus schools. Lawyers For Civil Rights and the group Massachusetts Advocates for Children said it took their intervention to get the students into the school.

“The policy itself is illegal,” said Oren Sellstrom, litigation director for Lawyers for Civil Rights. “Schools should be welcoming (all) children who are in the district and educating them.”

In Texas, Republican Gov. Greg Abbott said in 2022 that Plyler v. Doe should be challenged and the federal government should pay for the public education of students who are not legal residents. He drew backlash from immigrant advocates and the White House. The following year, Republican lawmakers in Texas introduced several unsuccessful bills aimed at limiting non-citizen children from enrolling in public schools.

In June, the idea also was included in the Republican Party of Texas platform.

The party’s priorities for the upcoming Legislative season include “ending all subsidies and public services, including in-state college tuition and enrollment in public schools, for illegal aliens, except for emergency medical care.”

Associated Press writers Sean Murphy in Oklahoma City and Kimberlee Kruesi in Nashville, Tennessee, contributed to this article. Gecker reported from San Francisco.

The Associated Press’ education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

Republican presidential nominee former President Donald Trump speaks at a campaign rally at the Findlay Toyota Arena Sunday, Oct. 13, 2024, in Prescott Valley, Ariz. (AP Photo/Ross Franklin)

Supports react as Republican presidential nominee former President Donald Trump speaks at a campaign rally at the Findlay Toyota Arena Sunday, Oct. 13, 2024, in Prescott Valley, Ariz. (AP Photo/Evan Vucci)

Republican presidential nominee former President Donald Trump speaks at a campaign rally at the Findlay Toyota Arena Sunday, Oct. 13, 2024, in Prescott Valley, Ariz. (AP Photo/Ross Franklin)

A message about Democratic presidential nominee Vice President Kamala Harris appears on a video screen before Republican presidential nominee former President Donald Trump speaks at a campaign rally at the Gaylord Rockies Resort and Convention Center Friday, Oct. 11, 2024, in Aurora, Colo. (AP Photo/David Zalubowski)

Republican presidential nominee former President Donald Trump speaks at a campaign rally at the Gaylord Rockies Resort and Convention Center Friday, Oct. 11, 2024, in Aurora, Colo. (AP Photo/David Zalubowski)

A TV reporter puts on make up while Republican presidential nominee former President Donald Trump delivers a speech during a campaign rally at the Findlay Toyota Arena, Sunday, Oct. 13, 2024, in Prescott Valley, Ariz. (AP Photo/Rodrigo Abd)

A supporter holds a 'Secure our Border' sign as Republican presidential nominee former President Donald Trump speaks at a campaign rally at the Gaylord Rockies Resort and Convention Center Friday, Oct. 11, 2024, in Aurora, Colo. (AP Photo/David Zalubowski)

Rep. Lauren Boebert, R-Colo., speaks before Republican presidential nominee former President Donald Trump at a campaign rally at the Gaylord Rockies Resort & Convention Center, Friday, Oct. 11, 2024, in Aurora, Colo. (AP Photo/Alex Brandon)

Republican presidential nominee former President Donald Trump speaks at a campaign rally at the Findlay Toyota Arena Sunday, Oct. 13, 2024, in Prescott Valley, Ariz. (AP Photo/Evan Vucci)

FILE - A member of the Texas delegation holds a sign during the Republican National Convention on July 17, 2024, in Milwaukee. (AP Photo/Matt Rourke, File)

A message about borders and classrooms appears on a video screen as supporters arrive before Republican presidential nominee former President Donald Trump speaks at a campaign rally at Grand Sierra Resort and Casino, Friday, Oct. 11, 2024, in Reno, Nev. (AP Photo/Jae C. Hong)

Republican presidential nominee former President Donald Trump salutes at a campaign rally at the Gaylord Rockies Resort & Convention Center, Friday, Oct. 11, 2024, in Aurora, Colo. (AP Photo/Alex Brandon)

OTTAWA, Ontario (AP) — Josh Norris capped a two-goal effort with the game-winning goal 56 seconds into overtime and the Ottawa Senators beat the Los Angeles Kings 8-7 on Monday.

Zack MacEwen also had a pair for the Senators, with Jake Sanderson, Drake Batherson, Thomas Chabot and Claude Giroux also chipping in.

Anton Forsberg surrendered three goals on nine shots before being replaced by Mads Sogaard, who was recalled on an emergency basis Monday morning and allowed four goals on 17 shots.

Kevin Fiala and Alex Laferriere each scored a pair for the Kings, while Trevor Lewis, Adrian Kempe and Tanner Jeannot also scored. Darcy Kuemper made 33 saves.

Tied 6-6 midway through the third, Norris gave the Senators their first lead of the game, but Jeannot tied it up with 5:34 remaining.

The Kings have not lost to the Senators in regulation since Jan. 10, 2019.

DEVILS 3, UTAH 0

NEWARK, N.J. (AP) — Jake Allen registered his first shutout with New Jersey and rookie defenseman Seamus Casey scored early in the second period as the Devils downed Utah.

Stefan Noesen and Nico Hischier also scored for the Devils, who won for the fourth time in five games. New Jersey missed the playoffs last year.

Utah lost for the first time in four games. They won their home opener over Chicago, then defeated the Islanders and Rangers in overtime to start their current road trip.

Casey scored his third goal of the season on the power play at 1:14 of the middle period. Noesen scored with an assist to Casey at 8:13 of the second and Hischier added a power-play goal at 10:13 of the third.

Karel Vejmelka made 30 saves for Utah in his first start this season. Allen had 20 saves.

PANTHERS 4, BRUINS 3

BOSTON (AP) — Sam Reinhart scored on a power play and added a short-handed goal that gave Florida the lead for good in the second period as the defending Stanley Cup champions beat Boston.

Anton Lundell also scored twice and Sergei Bobrovsky stopped 25 shots for Florida, which has eliminated Boston from the playoffs in each of the last two seasons.

Mason Lohrei and Johnny Beecher each had a goal and an assist for the Bruins, and Mark Kastelic had three assists. Jeremy Swyaman, making his third straight start after missing the opener following a contract holdout, made 22 saves in his first loss of the season.

RANGERS 4, RED WINGS 1

NEW YORK (AP) — Chris Kreider scored the go-ahead goal on the power play late in the second period and New York beat Detroit.

Kreider tipped Mika Zibanejad’s shot with 2:55 left in the middle period to snap a 1-1 tie after the teams traded goals in the first. Alexis Lafreniere, Reilly Smith and Zibanejad also scored for the Rangers, and Igor Shesterkin finished with 31 saves.

Dylan Larkin scored for Detroit with 2 seconds left in the first after Lafrieniere opened the scoring for the Rangers with 8:15 to go. Alex Lyon had 24 saves for the Red Wings in his first start of the season.

The Red Wings were playing their first road game. They beat Nashville 3-0 on Saturday after losing their season opener 6-3 to Pittsburgh.

PENGUINS 6, CANADIENS 3

MONTREAL (AP) — Lars Eller had two goals against his former team, Evgeni Malkin had a goal and two assists, and Pittsburgh beat Montreal.

Kris Letang, Kevin Hayes and Rickard Rakell also scored for Pittsburgh, and Tristan Jarry stopped 24 shots.

Sidney Crosby was held off the scoresheet, keeping him one point shy of 1,600. The 37-year-old is looking to become just the 10th player in NHL history to reach the mark.

Kaiden Guhle, Juraj Slafkovsky and Emil Heineman scired for Montreal. Nick Suzuki and Mike Matheson each had two assists and Sam Montembeault made 26 saves.

ISLANDERS 6, AVALANCHE 2

DENVER (AP) — Brock Nelson scored his first two goals of the season 2:49 apart in the second period, and New York beat Colorado to give coach Patrick Roy a win in his first game back in Denver.

Roy won two of his four Stanley Cup wins with Colorado and coached the team for three years before stepping down a month before training camp in 2016.

Anthony Duclair, Kyle Palmieri, Anders Lee and Mathew Barzal also scored for the Islanders, and Ilya Sorokin stopped 32 shots.

Calum Ritchie got his first NHL goal and Casey Mittelstadt also scored for Colorado, which has dopped its first three games Alexandar Georgiev made 32 saves.

Los Angeles Kings' Tanner Jeannot (10) collides with Ottawa Senators' Artem Zub (2) during the first period of an NHL hockey game in Ottawa, Ontario, Monday, Oct. 14, 2024. (Patrick Doyle/The Canadian Press via AP)