Yes, all New York City children have a right to a public-school education, regardless of their immigration status.

This is the current policy for the New York State Education Department (NYSED), as well as joint guidance from New York Governor Kathy Hochul, New York Attorney General Letitia James, and New York State Commissioner of Education Betty A. Rosa:   

NYSED’s Information on Safeguarding the Rights of NYS Immigrant Students
NYS Guidance on Safeguarding the Rights of Immigrant Students  

This is the current policy for New York City Public Schools:  

NYC Public Schools’ Immigration Guidance for Schools  

Both New York State and New York City have policies protecting the right of every child to attend public school, regardless of their immigration status.  

NYCPS will not ask about your child’s immigration status. If they learn about your child’s immigration status for any reason, they must keep it confidential.  

NYCPS does not permit ICE agents to enter schools without a warrant signed by a judge. Even in that situation, if ICE appears at a school, the principal must consult with NYCPS lawyers to determine if they have valid reasons to enter. Parents/guardians will be notified about the decision.

It is critical to remember that some areas outside of the physical school building are not protected. This includes public transportation and school bus stops, public sidewalks outside of the school building structure, athletic or other recreational play areas that are open to the public but may not be on school’s physical property. As with other public spaces that are accessible by all, ICE agents can also freely enter these locations even if there is a school nearby.

Until recently, schools were considered “sensitive locations” – and therefore off-limits to non-local law enforcement – by the federal government. While that guidance has changed, NYSED and NYCPS policies still protect schools from unlawful ICE entry.

While there is no guarantee that ICE will continue to respect these rules, NYSED and NYCPS are committed to protecting students while they attend school.

Please visit our resource about your rights if you are stopped or arrested by ICE. This resource also includes general recommendations if you choose to show any documents to the ICE officer during an encounter:

What You Need To Know About ICE Encounters  

Yes, you can. NYCPS schools require visitors to have an official ID. This includes IDNYC, which is a free municipal ID card issued by the city to all New Yorkers. IDNYC does not collect immigration status.

Learn more about IDNYC and sign up for an IDNYC card here.

When a child is not picked up, the school will call the people listed on the emergency contact information card, often called the “Blue Card.” You can name up to three people whom the school can contact if there is an emergency or if your child is sick. This includes family members, friends, neighbors, other school parents, or caretakers. Please see below for samples of these cards:  

School Emergency Contact Card (English)
School Emergency Contact Card (Spanish) 

If you are the parent of a minor child, you are not a U.S. citizen, and believe that you might be at risk for being removed (deported) from the U.S. in the future, there are certain steps you can take now to plan for the care and custody of your child. Please visit our resource about this here:

Advance Family Planning for Non-Citizen Parents  

These are additional resources for those with a child in a NYC public school: 

NYC Public Schools’ Get Help Page
The Legal Aid Society’s Get Help Resources on Schools & Student Rights  

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.