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LEHIGH VALLEY WEATHER

District issues statement about undocumented students, families

Northampton Area School District has issued a statement concerning its policy on undocumented students and their families.

President Donald Trump issued an executive order Jan. 20 that rescinded a Biden-era policy and ended restrictions of Immigration and Customs Enforcement officials from raiding schools, houses of worship and hospitals.

NASD Superintendent of Schools Joseph S. Kovalchik emailed the district policy statement Jan. 28 to both staff and parents/guardians. A copy of the district email was provided to Northampton Press.

The Jan. 28 NASD email states:

“The district is aware of the executive orders regarding immigration put into place by President Trump. This is a fluid situation that we have been discussing with the district’s legal team over the past few days regarding the impact these orders have on public schools.

“Under the U.S. Constitution, public schools must teach all students, regardless of whether or not they are undocumented. Students have the right to attend public school without having to present a green card, visa, social security number or any other proof of citizenship. Schools are not permitted to inquire about a student’s immigration status and may not deny enrollment because a student provides a birth certificate from another country.

“The district does not allow any entity or person to enter a district school without the proper credentials or legal documentation. The district was also advised to require a warrant if law enforcement comes to a school and tries to make an arrest on a student or employee.

“The district will continue to monitor information coming from the federal level, work with our legal team regarding this topic and will notify you of changes that may occur moving forward.”

The topic of undocumented students was raised during the NASD Board of Education meeting Oct. 14, 2024, by school board President Kristin Soldridge, then board vice president.

Soldridge read from board Policy 200, Enrollment of Students: “The district shall not inquire about the immigration status of a student as part of the enrollment process.”

At the Oct. 14, 2024, board meeting, school Director President Doug Vaughn, who was then board president, asked district solicitor John E. Freund III, founding partner at King, Spry, Herman, Freund and Faul, for clarification about Policy 200.

“It is unlawful to inquire into the immigration status before enrolling a student,” Freund said at the meeting.

Parkland, Allentown and Bethlehem Area school districts are among Lehigh Valley districts that issued statements concerning undocumented students.

Parkland sent a memo to families Jan. 29 about the district’s policy on undocumented students. Bethlehem posted a notice on its website about its policy. The Allentown school board discussed its policy at its Jan. 23 meeting.

According to the National Immigration Law Center website: “In Plyler v. Doe (1982), the U.S. Supreme Court ruled that it was a violation of the Equal Protection Clause of the Constitution for a state to discriminate against undocumented children by denying them access to that state’s system of free public education.

“Since 2011, the Department of Homeland Security has maintained standing guidance requiring Immigration and Customs Enforcement to refrain from immigration enforcement actions in certain areas (previously known as ‘Sensitive Locations’),” the law center website states.

“In 2021, the Biden administration issued a new memo expanding the definitions of these areas, which included schools, including preschools, K-12 schools and higher education institutions; health care facilities, including hospitals, doctor’s offices and community health clinics; places of worship; places where children gather, including playgrounds and bus stops; social services establishments such as domestic violence shelters and food pantries; disaster/emergency response sites, including evacuation routes; weddings, funerals and religious ceremonies; and parades, demonstrations and rallies,” the law center website continues.

“The memo also specified that officers should refrain from enforcement actions ‘near’ these protected areas, including surrounding areas like sidewalks, entrances and parking lots. The Biden administration issued a separate memorandum limiting the circumstances in which immigration enforcement actions could take place in courthouses,” the law center website said.

The next board of education meeting will be 6:30 p.m. Feb. 10 in the auditorium at Northampton Area High School, 1619 Laubach Ave.

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