The Oklahoma State Board of Education on Tuesday to approved a new administrative rule proposed by State Superintendent Ryan Walters that would require parents to disclose their children’s immigration status when enrolling them in school.
The rule states that when parents or legal guardians enroll their children in school, they must “provide proof of United States citizenship at the time of enrollment.” This proof can be demonstrated through documents such as a valid permanent resident card, US passport, or US birth certificate, among others.
At the board meeting, Walters clarified “There’s nothing in this rule that stops a child [without valid immigration status] from accessing a school.” Rather, the rule is for “data gathering.” When asked about whether this information would be shared voluntarily by the Oklahoma Department of Education (DOE), Walters explained that if the DOE is asked for the information by law enforcement or other government officials, they will provide it.
The National Immigration Law Center previously urged board members to reject the proposal over concerns related to the Equal Protection Clause of the Fourteenth Amendment:
All children have a constitutional right to equal access to education regardless of their citizenship or immigration status. Requiring school districts to collect information about immigration status illegally chills access to this opportunity, interfering with their ability to focus on their core mission: to educate children and give all students the ability to grow, thrive, and participate fully in our democracy.
This new administrative rule comes amid the start of President Donald Trump’s administration, which has initiated several policies aiming to crack down on illegal immigration. In one of Trump’s numerous executive orders, he declared a national emergency at the US-Mexico border. Trump also issued an executive order restricting birthright citizenship for children of non-citizens, which has since been blocked by a federal judge.
The Oklahoma proposal awaits final approvals from the governor and state legislature.