On May 22, 2018, the Secretary of Education Betsy DeVos claimed that schools should decide whether to call Immigration and Customs Enforcement (I.C.E.) when they suspect that they an undocumented student. 

Representative Adriano Espaillat – Democrat from New York – questioned DeVos about her position on immigrant enforcement in the House Committee of Education and the Work Force. Once an immigrant from the Dominican Republic, Espaillat was particularly interested in her reasoning behind her position.  

In her testimony, DeVos said “Again, I refer to the fact that we have laws and we also are compassionate,” yet civil rights groups do not see it to be “compassionate”.  

In the Plyler v. Doe Supreme Court decision in 1982, it was established that immigration status was irrelevant when it came to providing education to children as it was a constitutional obligation for public schools to do so. Civil rights groups are clarifying this decision saying that schools cannot enforce any means of determent when undocumented students attempt to register, as well as prohibited from releasing their immigration status. The American Civil Liberties Union, also clarifies to schools that they are prohibited from reporting undocumented students and their families to I.C.E. or officials.  

The ACLU’s director of immigration policy and campaigns made a statement to the Washington Post “Let’s be clear: Any school that reports a child to I.C.E would violate the Constitution. The Supreme Court has made clear that every child in America has a right to basic education, regardless of immigration status.”  

Even with Plyler v. Doe, states have attempted to push the boundaries of immigration enforcement in public schools. In 1994, California passed Proposition 187 requiring schools remove undocumented students from schools, report students they believe to be undocumented to the federal authorities; however, the federal court struck it down.  

In 2011, Alabama passed a law requiring its school districts to ask all students about their immigration status and report to the state. Under the argument of violating Plyler, the federal government challenged; however, two years later the federal appellate court blocked the implementation.  

With the Obama administration, former Secretary of Education Arne Duncan and former Attorney General Eric Holder, declared to schools a reminder of their obligation to educate all students, regardless of immigrant status, and that inquiring about students’ immigrant status is a violation of the federal law. 

Elizabeth Hill, Education Department Spokeswoman, responded to the backlash aimed at DeVos in a statement to the Washington Post, “She has tremendous compassion for DACA students and has said repeatedly she hopes Congress would do its job and give these students the certainty they deserve.” However, when questioned on if she believes Plyler and its applications, her response was contradictive to her testimonial statement. Hill claims that “the secretary’s position remains that schools must comply with Plyler and all other applicable law and regulations.” 

DeVos seems to be conflicted, and in need of guidance on decision-making.