Immigration advocacy

While working as a community volunteer, I learned about a complicated immigration-related issue. A first grade girl was left with a caregiver after her father was deported to Honduras. Her mother is not in the U.S. I do not think the girl was born here, but I am not sure.

The issue is the caregiver Is not facilitating the girl’s education. She attended school in East Orange last year while her father was still here but has not attended school this year. She still lives in East Orange but I believe the neighborhood school is not the one she went to last year. This was information I got from the women/neighbors(?) who watch her during the day while the caregiver is at work. They are concerned and know she should be in school.

I’d appreciate any pro bono help on figuring out how to help this girl. Is she at risk of being deported herself if she is not a citizen? Any information or referrals would be appreciated.


I'm reaching out to a former immigration judge who won the AILA Advocacy Award of the Year in June.


of course she is at risk if she is not a citizen and not a documented immigrant.  I don't think child services would report anything to immigration authorities.....but failing to provide an education can end up with them being called by someone.


I would think the guardian needs to get legal custody so the child can be enrolled in school.  If there is a medical emergency, there may be a problem if the hospital picks up on the situation, the child could be placed in emergency protective custody until child services took custody.


i never heard of enrolling a child in school triggering an immigration issue, but could happen.


Is homeschooling an option?  That would remove the no school enrollment concern while they try to figure things out.


home schooling is legal, but NJ is one of about 2 states that does not have a public online education program-even if they did, public school would still be involved.....a family could pay to use a program or just homeschool on their own.  That would necessitate the home educator being fluent in English which may or may not be the case with the care giver.  And with the caregiver not facilitating education at this point, that indicates that are not able or willing to homeschool.  It also costs money to get  books and materials.  There is a good chance that even if the parents are sending money, the care giver is already contributing financially.



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