The Oklahoma State Board of Education has approved a proposal requiring parents to report their immigration status or provide proof of U.S. citizenship when enrolling their children in public schools.
While the rule does not prevent students from enrolling, critics argue that it could create fear among immigrant communities. The rule must still receive approval from the state legislature and governor before taking effect.
What the New Rule Requires
The proposed rule mandates that a parent or legal guardian present proof of U.S. citizenship during school enrollment.
However, schools will not record or track individual immigration statuses. Instead, districts will report the total number of students without documentation to the Oklahoma State Department of Education.
The policy states that all children, regardless of immigration status, have the right to receive an education as protected by the U.S.
Constitution and the Supreme Court ruling in Plyler v. Doe (1982). That ruling ensures that undocumented children can attend public schools without discrimination.
Concerns Over Fear and Disruption in Schools
The decision comes amid rising anxiety in immigrant communities, especially following the Trump administration’s recent authorization of immigration arrests on school campuses.
Critics argue that requiring parents to disclose their immigration status will deter them from enrolling their children in school. Nicholas Espíritu, deputy legal director at the National Immigration Law Center, called the rule “a direct violation of the rights and freedoms of Oklahomans” and an attempt to instill fear in immigrant communities.
“All children living in the United States, regardless of their immigration status or that of their parents, have the right to attend K-12 public school,” Espíritu said. “Requiring school districts to prove parents’ citizenship illegally chills access to this opportunity and interferes with schools’ ability to focus on their core mission: to educate children.”
Community Backlash and Protests
Hundreds of protesters gathered outside the Oliver Hodge Building, where the board meeting was held, to voice their opposition. Advocacy for Immigrants, a local organization, led the demonstration, which included teachers, parents, and students.
Fernando Baquera Ochoa, a teacher at U.S. Grant High School and a recipient of the Deferred Action for Childhood Arrivals (DACA) program, expressed concerns about the impact on students. Many of his students fear that U.S.
Immigration and Customs Enforcement (ICE) could raid their schools, and some are considering withdrawing from classes.
“I had a student tell me that he’s going to withdraw for a month and see where things are,” Baquera Ochoa said. “It’s affecting our classrooms. It’s affecting the way we’re learning and who is learning.”
Protesters held signs condemning the policy, ICE, and anti-immigrant rhetoric. Some signs read, “Kids are supposed to be afraid of spiders. Not ICE” and “My mom is NOT a CRIMINAL 4 wanting to give me A BETTER LIFE!”
Government Response and Justification
State Superintendent Ryan Walters defended the rule, stating that it aligns with federal law and supports immigration enforcement efforts. He emphasized that Oklahoma schools must report student data and work with law enforcement if necessary.
“We’re a country of law and order,” Walters said. “We have laws and rules in place. Clearly, you are supposed to enter the country legally. We are providing information and documentation over the students in our schools. It is incredibly necessary for us to continue to move up in the education rankings.”
Walters also suggested that the new rule supports President Trump’s broader immigration policies. “President Trump has a clear mandate to get illegal immigration under control,” he added.
Legal Rights and Protections for Immigrant Families
Despite the new policy, families, regardless of immigration status, still have certain legal rights under the U.S. Constitution. According to the American Civil Liberties Union (ACLU):
- You have the right to remain silent and are not required to disclose your immigration or citizenship status to police or immigration agents.
- Immigration officers cannot search you or your belongings without consent or probable cause.
- If detained, family members can use ICE’s online detainee locator to find a loved one using their date of birth and country of origin.
Legal experts advise undocumented families to prepare by gathering important documents, identifying emergency contacts, and ensuring schools have backup guardians listed in case of detention. Consulting an immigration attorney for guidance is also recommended.
What Happens Next?
For the rule to take effect, it must be approved by the Oklahoma state legislature and signed by Governor Kevin Stitt. If enacted, school districts would begin collecting data on undocumented students, though no personal details would be recorded.
Opponents, including civil rights groups and immigrant advocacy organizations, are expected to challenge the rule in court, arguing that it violates federal protections for immigrant students. If lawsuits are filed, courts will determine whether the policy can legally proceed.
Oklahoma’s proposed rule on immigration reporting in schools has sparked intense debate, with supporters arguing for stronger immigration enforcement and critics warning of fear and discrimination.
While the rule does not bar students from attending school, opponents believe it could discourage immigrant families from enrolling their children. With protests underway and potential legal battles looming, the fate of this controversial policy remains uncertain.