Allamuchy, Montague schools among 12 named in ACLU lawsuits

Two local school districts, Allamuchy and Montague, are among 12 statewide targeted in an ACLU legal action accusing them of illegally denying enrollment to illegal immigrant children by requiring what amounts to proof of legal residency.

The lawsuits, filed on Thursday, come amid a searing national debate about states that have sanctuary policies for those residing in the country illegally and as some Trenton politicians, including Gov. Phil Murphy, are pushing for New Jersey to join their ranks by allowing driver’s licenses for illegal immigrants.

But as those debates continue, the American Civil Liberties Union of New Jersey says the law in New Jersey is already clear that public schools are forbidden from demanding proof of residency based on driver’s licenses or other state-issued documents that require a Social Security number or valid immigration status.

The lawsuits argue that having such policies amounts to an unconstitutional barrier to enrollment for immigrants who lack the necessary documentation, thus denying them equal protection of the laws.

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

“In a state where one in five residents is foreign-born, and 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.”

In Allamuchy, the district superintendent released a statement to the New Jersey Herald over the weekend taking strong exception to the ACLU’s allegations.

“The (Allamuchy School District) believes that the claims set forth in the complaint are based on inaccurate information,” wrote Allamuchy Superintendent Joseph Flynn.

“It is not the policy of the District to mandate a driver’s license as a condition of student enrollment. In fact, the District is unaware of any instance where a student has not been registered based on the failure to produce any particular form of identification.”

Flynn added that the district was “confident that once its policies and procedures are clarified, the instant matter will be resolved.”

In Montague — which has been fingered twice before over the same issue by the ACLU, first in 2008 and again in 2014 — school officials had yet to comment as of Sunday evening.

Huertas, in a phone conversation with the New Jersey Herald, declined to say if the ACLU had received complaints about anyone being denied enrollment in Montague, Allamuchy, or the 10 other districts named in the lawsuits.

She said, however, that ACLU-NJ spent several weeks reviewing registration policies posted on school websites and flagging those that required a driver’s license or other state ID. She said schools are permitted to require proof of immunization as well as documentation of students’ age and residency, but no more.

She argued that for purposes of establishing residency, other documents such as utility bills and library cards are equally if not more reliable.

ACLU-NJ, in its statement, decried what it called “exclusionary policies” that it said are “particularly disturbing in light of the climate of fear in immigrant communities.”

“We’re looking for these school districts to make sure their policies are in compliance with current New Jersey law and for them to affirmatively advise parents that this issue has been fixed, and that they can bring in any other documents to establish age and residency,” Huertas said.

The 10 other districts targeted in the ACLU-NJ lawsuits include the 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). and Cranford Schoo District (Union County).

Eric Obernauer can also be contacted on Twitter: @EricObernNJH or by phone at 973-383-1213.