Immigrant students have rights

In the months leading to up to our most recent general election, rhetoric around immigrants and immigration became heated, with all-too-frequently expressed xenophobia and bigotry about our immigrant friends, family, and neighbors. Among the worst effects were felt by children in our public schools.

In the media and firsthand, we are seeing a troubling uptick in the harassment and bullying of immigrant children at Iowa schools. There is a profound level of fear among many Iowa students and their families. There is also a lot of misinformation out there about the rights of immigrant children in our schools.

We hope to clear up some of that misinformation. Make no mistake: immigrant children and their families have rights to our public schools.

First, the law is clear that all children have equal access to public education, regardless of citizenship or immigration status. That means that schools may not:

' Deny admission to a student on the basis of undocumented status

' Engage in any practice that might 'chill” a student's right to school

' Treat a student differently to determine his or her immigration status

' Require students or parents to disclose their immigration status

' Require Social Security numbers

Second, children and families are protected from immigration enforcement in public schools by federal policies that designate them as sensitive locations. Besides schools, other sensitive locations include:

' Known and licensed day cares and pre-schools

' School bus stops

' Scholastic activities

' Postsecondary schools, including colleges and universities

' Health care facilities

' Places of worship

' Religious or civil ceremonies such as funerals and weddings

' Public demonstrations, rallies or parades

Third, with all the media reports we are seeing about Latino students being harassed with threats of a wall, being told to 'go home,” or being wrongly told by schoolmates that they'll be deported, it's especially important that schools understand that they are legally obligated to protect immigrant children from bullying and harassment. These reports are heartbreaking and disturbing.

School officials, teachers, and staff may not simply turn a blind eye to bullying and harassment of immigrant students (or any students). Some have done so and ended up paying hundreds of thousands of dollars in damages.

Schools also can't retaliate against students who have asserted their rights and can't retaliate against others for supporting those rights.

Students whose rights have been violated can file complaints with the Iowa Department of Education, the U.S. Department of Education, the U.S. Department of Justice, the Iowa Civil Rights Commission, or in courts of law.

But it is far preferable for schools to prevent bullying and harassment in the first place. They can do this through education and training, as well as addressing issues that do arise swiftly.

We don't yet know what policies the President-Elect or Congress will put in place regarding immigration enforcement, and it is premature to speculate. And of course, the ACLU will work to fight any discriminatory or harmful treatment of immigrants in our state, if that becomes necessary. Families and communities can take proactive steps to know their rights and connect to trusted advocates. But the most important message right now is the reminder that Iowa's immigrants have rights to a safe and non-discriminatory school environment.

' Rita Bettis is the Legal Director of the American Civil Liberties Union of Iowa. More information: