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

Hannan Adely | NorthJersey

Show Caption Hide Caption Immigrant advocates walk for driver's licenses for undocumented Supporters of a measure to give undocumented immigrants access to New Jersey driver's licenses march through Newark on Monday.

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, ask students for forms of state-issued identification that require Social Security numbers or valid immigration status as a condition to enroll, the ACLU-NJ said in the lawsuit. New Jersey law forbids schools districts from denying education to public school students based on their immigration status or that of their parents.

“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)

Joseph Argenziano, president of the Northern Valley school board, said the board attorney was reviewing the case to find out why the district was named in the lawsuit. According to the ACLU-NJ, the district provides a list of documents that parents must present to enroll a child that includes a "Department of Motor Vehicles Photo Drivers License/Identification."

Argenziano said the claims made against the district were misleading.

"I want to make it clear that the Northern Valley Regional District is committed to complying with all state and federal regulations and we do not discriminate against any student in any form whatsoever," he said. "And you can rest assured we are going to rigorously defend ourselves against these baseless charges."

"We are committed to educating and have never denied an education to any child who is properly domiciled, without exception," he added.

Rich Papera, superintendent of Sea Girt schools, said the complaint refers to a document on the district's website that has not been updated to reflect the actual enrollment policy now in use.

Under its current policy, the district states that immigration status will not affect eligibility to attend or enroll in school. It also states that the district will accept a variety of types of documentation and "shall not deny enrollment based on the failure to provide a particular form or subset of documents without regard to other evidence presented."

"As of this morning, we removed the misleading and inaccurate document from the website," Papera wrote in an email. "Office staff has been reminded that we utilize the policy and regulation, which they have already been doing. Our district attorney will be reaching out to the ACLU to clarify the situation."

Matthew Spelker, superintendent of the Harding Township schools, said the district does not use immigration or visa status to determine enrollment eligibility. Enrollment forms, he said, reflect that.

"If the ACLU had concerns about our registration materials, it should have contacted me or our board attorney and this matter could have been easily resolved," Spelker said. "It is very unfortunate that the ACLU has decided to file a lawsuit and waste precious taxpayer resources that belong to our children."

In Watchung Hills, Superintendent Elizabeth Jewett said the district had been sent a copy of the lawsuit a few hours earlier, and she had not had the chance to analyze it or discuss it with the school board attorney.

"However, suffice it to say that the Watchung Hills Regional School District does not condition entry into our district based upon a student's or parent’s immigration/visa status or any other discriminatory reason," Jewett said in an email.

Dan Long, the attorney for the Winslow Township and Bellmawr school districts, both in Camden County, said the districts received and are reviewing the lawsuits. Long offered no additional comment.

Both districts, however, have policies on their websites indicating that a "combination of forms of documentation" will be accepted in order to demonstrate residency.

The boards "shall consider the totality of information and documentation offered by the applicant, and shall not deny enrollment based on failure to provide a particular form or subset of documents," Bellmawr's policy, last revised by the board in May 2016, indicates.

Winslow Township's identical policy on proving eligibility for enrollment was last revised in June 2016, according to the document posted on its website.

A new note added to Bellmawr's enrollment website clarifies that "no one document" among a list of items "is required for registration." The list includes homeowner's or renter's insurance paperwork, a driver's license with a current Bellmawr address, custody papers, a birth certificate, an immunization record and transfer card.

It's not the first time the ACLU-NJ has taken aim at school enrollment policies. 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 13 districts that had policies similar to those challenged Thursday. In each instance, the case settled after the district agreed to change its policy.

The lawsuits are being filed at a time of heightened fear in the immigrant community amid a crackdown by federal authorities targeting immigrants for deportation, including those who entered the country illegally and legal residents believed to have violated U.S. law, even for minor offenses.

In New Jersey, immigrant advocates have stepped up their campaign calling for legislators to pass a law allowing people living in the state without legal status to apply for a state driver's license.

The legislation, called the New Jersey Safe and Responsible Driver Act, is under review and its sponsors say it is being updated to address concerns that have been raised about residency requirements and the potential for fraud.

Staff Writers Carly Q. Romalino, Amanda Oglesby and Cheryl Makin contributed to this story.