Each week, “Pop Quiz” features an interview with a member of Greater Houston’s education community. To suggest someone we should interview with an interesting story to tell, email us at education@houstonlanding.org.
Meet the interviewee
Before becoming a lawyer, Nicholas Espíritu worked with nonprofit organizations that provided students in low-income and minority communities — similar to the ones he grew up in — with help getting into college.
Yet Espíritu noticed some students’ immigration status interfered with their ability to continue into college. So Espíritu decided to attend law school, earning the skills needed to continue advocating for them.
The change in careers eventually led Espíritu to the National Immigration Law Center, where he is the deputy legal director and advocates for the rights of low-income and immigrant communities.
As President-elect Donald Trump prepares to enter office, his administration has pledged to increase immigrant enforcement, leading to fear among immigrant communities. The National Immigration Law Center has already begun outlining resources for immigrant groups and urging President Joe Biden to implement changes to limit the harm of mass deportations ahead of Trump’s inauguration.
In our latest Pop Quiz, the Houston Landing spoke with Espíritu about what he wants parents to know about how schools handle students’ immigration status, if police can arrest people on school property and more.
This interview has been lightly edited for clarity and length.
What immigration laws do public schools in Texas have to enforce?
Schools don’t have to enforce immigration laws. And that’s a good thing because educators know that their first and primary focus should be on creating a robust and welcoming educational environment for students. We know that inquiries for immigration status can have a chilling effect on both students and parents’ willingness to participate in that kind of educational environment. Schools should really be outside of the realm of having to enforce immigration laws. We know that for 40 years the Supreme Court has recognized that access to public schools should be accorded to everyone, regardless of immigration.
What could change about how schools handle immigration issues under the Trump administration?
Well, you know, we don’t think they should. First of all, this constitutional right is enshrined in the 14th Amendment Equal Protection Clause. We don’t think any president should change that, but we do know that incoming President Trump has promised to ramp up immigration enforcement. We know that this can have negative impacts on students who may be in fear that their parents, siblings or even themselves might be subject to raids or other types of attacks on their communities. And we’ve seen that in the past, where there have been local raids, then (there is) subsequent decline in school attendance as a result of that, because children are in fear. One of the things schools should really be doing is working to ensure that their institutions remain welcoming spaces for all students to get an education.
Can immigration officials or the police arrest people on school property if they’re not living in the country legally?
For a long time, Immigration and Customs Enforcement has put in place sensitive locations guidelines that basically say that immigration enforcement around places like schools and hospitals and other places, which are really fundamental to people’s ability to kind of live their lives fully, should not be subject to immigration enforcement in almost every circumstance. This is guidance from the agency and we think that it’s good public policy. Efforts to change that, I think, would infringe on this kind of recognized right to education.
What would you tell parents who are unsure about enrolling their child in public school due to immigration status?
One of the things that I would say is that, first of all, these schools should be welcoming places. Second, schools shouldn’t be asking about students’ immigration status or the immigration status of parents. If they are, and if they’re having difficulty enrolling because of these questions, just know that organizations like ours are there to ensure that their children have access to education.
And then finally, I think every parent wants to create the best life possible for their child, and education is essential to ensuring their children can thrive and (are) fully actualized and full participants and full citizens in this society.
So we know that folks may be experiencing heightened levels of anxiety and fear as a result of the last election, but that nonetheless, we need to ensure that kids are able to go to school.
On that similar note. What would you tell parents about how to talk to children about their immigration status at school?
It’s a difficult subject. I think every parent wants to make sure that their kids are safe and make sure their kids are not living in fear and make sure that they can see their children thrive. Discussions about immigration status often won’t come up, especially young kids, who are focused on, Do they like their classmates? Are they getting along with their teacher (or) excited about reading a new book? The idea that kids have to worry about their immigration status when they should be worrying about how well they are during their timetables, it’s just something that is really antithetical to the idea that kids should be able to be children and be educated.
So, I think it’s a difficult subject to bring up. I think one way to do this is to talk to parents about how parents shouldn’t be denied any access to schools because of their or their children’s immigration status, that schools shouldn’t be taking action to, either intentionally or unintentionally, chill that access. I think the first step is educating parents to their rights, including the fact that their children have the right to attend schools. And then second, telling them to ensure that their schools aren’t asking questions about immigration status and (are) instead focusing on the educational attainment of the students who walk through those doors.
What about teachers? Do they have to disclose their immigration status? And can teachers be under DACA or undocumented and teach in Texas?
I think in Texas and other places, everyone has to have work authorization in order to teach in public schools at the very least, and likely in private schools as well. So, there probably aren’t any undocumented teachers.
We know nationally … the National Education Association estimates that there are about 15,000 DACA teachers in the country, and these are individuals who have authorizations to live here and have a work permit and have attained all the necessary credentials. And really, those teachers on the frontline, making sure that in a time when it’s kind of a national crisis in terms of our ability to have enough teachers to be teaching all of our kids, they are really standing up and making sure that the students throughout the country are able to get an education.
So, currently, folks with DACA not only can but are teaching students throughout the country, and it would be a tremendous loss for all of our communities if we were to lose those teachers from our schools.
Is there anything else you’d like to mention regarding immigration in schools?
We know that students really need to be focusing on learning not only basic skills, but important civics lessons, learning about each other’s histories and cultures, so we can form stronger communities. And asking questions that chill individuals from being able to participate in this process, or to other students to make them feel not wanted, it is really detrimental to this core educational task. So I think that would be one thing.
The second thing is we know that there are parents and educators out there concerned about recent changes to national policies, as well as some of the rumblings that are happening in Texas, so that’s one of the reasons we’ve formed our Education for All campaign here at the National Immigration Law Center. Because we really want to be providing parents, students, educators and community members with the tools they need to ensure that schools across the country continue to be welcoming places that are able to continue to build and strengthen our democracy.
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