All students deserve the opportunity to go to public school; however, that promise is under attack — especially for many of our most vulnerable students. Over the past two years, the rights of undocumented and mixed status students in Michigan are being eroded by the federal government. Starting with the Trump administration’s decision to rescind prior policy from past administrations that protected schools from immigration enforcement, Immigration and Customs Enforcement (ICE) agents are now targeting school children and their families during the school day. The threat of being detained or separated from their families has made daily school attendance a risky proposition for too many immigrant children or children in immigrant families.

These aggressive enforcement actions have real life consequences according to the Brookings Institution; 64% of high school principals surveyed reported increased absenteeism rates among students from immigrant families over the past school year.

How States are Protecting Immigrant and Undocumented Students

In response to these threats, local districts across the country, and here in Michigan, have taken action to protect these students. Both Detroit Public Schools Community District and Grand Rapids Public Schools, along with many others, have been actively educating and training their staff on student rights and how to properly interact with ICE officials on school property. This training is helpful, but locals cannot address this problem on their own.

Thankfully, Michigan lawmakers have also begun pushing back against the Trump administration’s harmful immigration enforcement measures. Senate Bill 508, introduced by Sen. Mary Cavanagh (D), would expressly prohibit immigration enforcement in sensitive locations, including schools, without a warrant. The bill passed out of committee earlier this year but has stalled on the Michigan senate floor for months. As the legislature wraps up their legislative session later this year, it is imperative that passage of this bill remains a top priority.

Broader Assaults on Student Rights

Trump’s increasingly hostile immigration enforcement actions are part of a broader assault on the foundational legal rights of undocumented and mixed status students. Since 1982, undocumented students have had a federal right to attend public schools. The U.S. Supreme Court ruled in Plyler v. Doe that states could not deny a student’s public education on account of their immigration status. This decision guaranteed that all children in the U.S., regardless of immigration status, have the right to a free public K-12 education.

That right is currently under attack through a pattern of federal and state legislation that undermines immigrant children’s access to education. Over the past two years, lawmakers in several states have introduced legislation challenging differing aspects of Plyler. This includes legislation requiring schools to collect immigration status information, forcing undocumented students to pay tuition, and flat out prohibiting the enrollment of undocumented students altogether. These bills align with the broader goals of Project 2025 and the conservative Heritage Foundation’s recommended strategy to trigger a lawsuit that could overturn Plyler in a conservative-leaning U.S. Supreme Court. Their guidance offers legislators model legislation and key talking points that align with this mission. If Plyler were overturned, the courts would not just reverse years of precedent, they would strip rights aways from immigrant children by taking away educational opportunities.

Disturbingly, the challenges to Plyler have started taking place in Michigan. During the most recent budget debates this past spring, the House-passed budget included language that would have prevented the Michigan Department of Education from spending any dollars on programs that provided services to students who were not U.S. citizens. While this was not a direct threat to Plyler, it reveals the intention of some legislators to chip away at educational access for undocumented students in the state. EdTrust-Midwest, along with our coalition partners, raised alarms about this harmful language and successfully advocated to have the language stripped out of the final budget. However, there is no doubt that these attacks will continue and that the state must take proactive measures to protect the rights of immigrant students.

With the future of immigrants’ rights in jeopardy, Michigan policymakers must enact stronger, specific, state level protections to ensure undocumented students and children in mixed-status families continue to have access to education. Without these protections codified in state law, a successful challenge to Plyler v. Doe could open the door to Michigan schools denying enrollment or charging tuition to undocumented students.

Michigan is at a Crossroads

EdTrust-Midwest calls on Michigan lawmakers to pass legislation explicitly declaring the right of all students to receive free public education regardless of immigration status. This action cannot wait for the federal courts to decide the future of Plyler. By then, it will be too late for Michigan’s students. It is critical to codify these rights into state law as well as pass Senate Bill 508 to protect students from being harassed and targeted while at school.

Our community can decide to be a state where all students have the opportunity to succeed, feel safe, and be welcome. Or we can give in to the culture of fear driven by our national politics. The future of Michigan’s most vulnerable students will be determined by our actions to prioritize the rights of every student. Our state leaders must enact laws to ensure undocumented students have the right to access a free and great public education without fear of being targeted as a result of their immigration status.