New York AG Threatens Legal Action Against Schools Blocking Migrants From Enrolling

New York Attorney General Letitia James and the state’s education commissioner are urging local schools not to block migrants from enrolling in public schools, according to a Monday statement.

James and New York State Education Commissioner Betty Rosa are asking New Yorkers to file complaints with the state’s civil rights office if they’ve been denied enrollment at a public school in the state, according to the statement. In the last year, thousands of migrant children have been enrolled in New York schools, where resources are being stretched thin.

New York law dictates that students ages five to 21 are entitled to a free public school education, according to the statement. At both the federal and state levels, public schools are required to accept and enroll migrant students even if they can’t provide proof of residency, school records and other required documents.

“The law is clear: every New Yorker is entitled to a free public education, and anyone who lives in our state is a New Yorker,” James said in Monday’s statement. “With the first day of school just around the corner, we must ensure that all students are welcomed to attend without delay or difficulty. I will always defend our young people’s right to learn, and I encourage any New Yorker who is denied their right to attend our public schools to contact my office.”

New York has cared for roughly 100,000 migrants, Democratic Gov. Kathy Hochul said last week in a plea to the Biden administration for help.

“We’ve all got migrant students in our classrooms,” a PS 33 Chelsea Prep teacher previously told the New York Post. “The teachers don’t speak Spanish. There’s no resources helping us out right now — it’s a very challenging situation.”

“All school and district leaders must continue to faithfully carry out their duty to accept and provide educational support services for these students and their families,” Rosa said in Monday’s statement. “In partnership with Attorney General James and our school and district leaders, we will continue to take concrete steps to ensure a smooth transition for these students. We must create a safe and welcoming environment where all students have a sense of belonging, as well as the supports they need to learn and grow.”