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New York State Guidance on Safeguarding the Rights of Immigrant Students

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New York State Guidance on Safeguarding the Rights of Immigrant Students

The Offices of the New York State Attorney General, New York State Governor, and New York State Education Department issued a joint memo entitled: New York State Guidance on Safeguarding the Rights of Immigrant Students.

 

Dear Colleagues,

The Offices of the New York State Attorney General, New York State Governor, and New York State Education Department issued a joint memo entitled: New York State Guidance on Safeguarding the Rights of Immigrant Students.

As you know, 20 January will usher in a new administration and, as such, there are elevated concerns, among educators, about the uncertainty and potential upheaval for many families that we serve. Please take a few moments to read this document as it provides details on resources for schools regarding their obligations under state and federal laws. New York State is committed to safeguarding the rights of all students, including all noncitizens, and ensuring that schools remain a safe place where students are welcomed and given high quality public education.

Respectfully, 

Anne Nguyn Henry

Executive Director 

RBERN West 

 

New York State Guidance on Safeguarding the Rights of Immigrant Students
January 2025


The Office of the New York State Attorney General (OAG), the Office of New York Governor Kathy Hochul, and the New York State Education Department (SED) share a longstanding commitment to safeguarding the rights of all students, including
all noncitizen students. Our offices have previously issued guidance to school districts and state agencies on several topics to ensure that New York’s immigrant students have equal access to education and other public services. In light of recent
threats of increased federal immigration actions in our communities, we write to reaffirm that schools should remain a safe haven where all students are welcomed and provided a free public education.


This guidance highlights and clarifies relevant resources for school districts regarding their obligations under state and federal law. While the guidance does not address local policies that may afford additional protections, school districts should be aware of all policies governing their operations. To the extent questions arise regarding compliance, we encourage school districts to contact SED and OAG.

I. Enrollment and Registration Requirements

II. Collecting Student Information and Accessing Student Records

III. Law Enforcement’s Detention, Interrogation, or Removal of Students from
School Property

IV. Bullying and Harassment

V. Detention or Deportation of Student Family Members

VI. Appendix: Resources

 

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