Oklahoma Moves to Require Proof of Citizenship for Public School Enrollment
Proposed Rule Expected to Face Legal Challenges Over Supreme Court Precedent
Oklahoma’s State Board of Education has approved a controversial rule that would require families enrolling children in public schools to provide proof of U.S. citizenship. The measure, which still needs approval from the governor and the Legislature, would also mandate that school districts track and report the number of students who cannot verify their immigration status to the state’s Department of Education.
State Superintendent Ryan Walters, who has been a vocal advocate for conservative education policies, defended the proposal at Tuesday’s board meeting, calling it a necessary step in addressing the impact of illegal immigration on Oklahoma’s public school system.
“Our rule around illegal immigration accounting is simply that—it is to account for how many students of illegal immigrants are in our schools,” Walters said.
Student Protests and Legal Concerns
The decision was met with immediate backlash. Outside the Oklahoma City meeting, dozens of students protested the rule, demanding that immigration enforcement agencies be kept away from schools.
Legal experts and civil rights advocates argue that the rule contradicts the 1982 Supreme Court ruling Plyler v. Doe, which established that children, regardless of immigration status, have the right to attend public schools. Courts have previously struck down similar measures, including an Alabama law a decade ago that sought to collect students’ immigration status.
Kit Johnson, an immigration law professor at the University of Oklahoma, predicted the rule will not withstand legal scrutiny.
“This one will be found unconstitutional,” Johnson said. “Even with Walters saying, ‘Oh, we’re just data collecting’—if it’s going to chill the opportunity for children to have equal access to education, it is not allowed.”
Impact on Immigrant Families
Confusion over the policy’s status has already caused distress among immigrant families. Melissa Lujan, an immigration rights attorney in Oklahoma City, said she has received multiple calls from concerned parents unsure about what documentation they need to provide.
“They’re freaking out,” Lujan said, noting that Walters’ previous statements about allowing federal immigration agents to detain children from schools have intensified fears.
Tamya Cox-Touré, executive director of the ACLU of Oklahoma, called the measure an attempt to deter immigrant children from enrolling in school.
“Just the threat of this causes harm, and we believe that is the intention—to scare students from going to school,” she said.
Political Reactions and Next Steps
The proposed rule cites an estimate from the Federation for American Immigration Reform (FAIR), a right-wing group that has been criticized for its ties to anti-immigration rhetoric, claiming that Oklahoma has spent $474 million educating undocumented children. Walters also suggested that this data would be shared with former President Donald Trump’s administration should he return to office.
Oklahoma Attorney General Gentry Drummond defended the rule, arguing that because it does not explicitly prevent undocumented students from enrolling, it does not violate federal law. However, legal experts disagree, pointing out that the chilling effect of such policies can be enough to warrant a constitutional challenge.
Governor Kevin Stitt and Republican legislative leaders have not yet commented on whether they will support the proposal. If approved, the rule is almost certain to face legal challenges that could ultimately determine its fate.