ACLU-NJ sues 12 school districts, alleging discrimination against undocumented students

The ACLU of New Jersey filed lawsuits against a dozen school districts across the state on Thursday, alleging that their enrollment policies are illegal and discriminate against immigrants.

The schools, located in 10 counties, including Bergen, Morris and Essex, ask students for state-issued identification that require Social Security numbers or valid immigration status as a condition to enroll. New Jersey law forbids schools districts from denying education to public school students based on their immigration status or that of their parents, the ACLU-NJ claimed in the lawsuit.

“New Jersey’s state Constitution calls for free public education, and that applies to every single child — no exceptions,” said Elyla Huertas, staff attorney at the ACLU-NJ, which filed the lawsuits in state Superior Court.

“In a state where one in five residents is foreign-born, at a time when our president has made the exclusion of immigrants a key part of his policy agenda, it’s more important than ever for every school district in New Jersey to meet its obligations, both to New Jersey’s families and to the Constitution.”

The 12 districts, including one charter school district, are:
•    Northern Valley Regional High School District (Bergen County)
•    Bellmawr School District (Camden County)
•    Sterling Regional High School District (Camden County)
•    Winslow Township School District (Camden County)
•    East Orange Community Charter School (Essex County)
•    West New York School District (Hudson County)
•    Sea Girt School District (Monmouth County)
•    Harding Township School District (Morris County)
•    Watchung Hills Regional High School District (Somerset County)
•    Montague School District (Sussex County)
•    Cranford School District (Union County)
•    Allamuchy School District (Warren County)

In 2008 and 2014, the ACLU-NJ conducted audits of the state’s 560 school districts about their enrollment requirements. 

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Sterling School District, Bellmawr Public Schools, Sea Girt School District, Watchung Hills Regional High School District and Montague School District were on the list in 2014. Northern Valley, Watchung and Montague made the list in 2008.

In the last four years, the ACLU-NJ has sued thirteen districts that had policies similar to those challenged today. In each instance the case settled after the district agreed to change its policy.

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