Georgia & Immigration Laws on Schools

The children of immigrants often find themselves in a Catch-22 situation. If their parents are here legally, they get all of the benefits and rights that children of citizens receive. However, if their parents are not documented, the children have few rights. However, the state does preserve the right for all children, regardless of immigration status, to a public education from kindergarten through 12th grade.
  1. Universities Are Out

    • Undocumented aliens are not permitted to enroll in any of Georgia's universities or colleges, according to the Atlanta Journal Constitution. The state's statute specifies that illegal aliens are not entitled to secondary education if that educational institute receives government funding of any kind.

    K-12 Is In

    • Georgia state mandates follow the 1982 United States Supreme Court decision regarding the education of illegal immigrant children. This ruling says that children of illegal immigrants have the right to a free public education in the United States from Kindergarten through 12th grade.

      The premise for Georgia's compliance with the ruling is that children are not responsible for their parents' decision to enter the country illegally; therefore, should not be punished for it by having their education withheld.

    Schools Can't Ask

    • Georgia law forbids its public school system to require proof of immigrant documentation for children to enroll in and attend public schools. While the school can require proof of an address within the particular school zone, it cannot require proof that the child's parents have fulfilled residency requirements to be in America.

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