Immigration Resources FAQ

Dear CUSD Families, 

Considering recent conversations regarding immigration enforcement within our community, we want to reiterate our school district’s commitment to the safety, well-being, and education of all students who enter our doors. Our schools are places of learning. We believe for students to succeed academically, they must feel secure, valued, and protected within their school environment. 

Our Core Principles 
To ensure clarity and peace of mind for our families, the district adheres to the following guidelines: 

• Access to Education: Every child has a constitutional right to a free public education, regardless of their immigration status or the status of their parents/guardians. We do not ask for, or keep records of, student citizenship or immigration status.
• Access to Students: Our schools are considered "sensitive locations." We do not allow enforcement agents on campus without a valid judicial warrant or an immediate emotional/physical safety threat.
• Student Privacy: In accordance with the Family Educational Rights and Privacy Act (FERPA), we do not share student records or private information with law enforcement or federal agencies unless required by a specific court order or subpoena.
• Emotional Support: We recognize that news of enforcement actions can cause significant anxiety. Our school counselors and social workers are available to support any student experiencing distress.

We encourage all families to update and maintain accurate contact information in our school information system (Infinite Campus).  
 
Create a Family Safety Plan- in case parents/guardians become unavailable due to arrest, detention, or some other reason. The plan should include: 

• Childcare Arrangements (i.e. Who is a trusted adult to care for the children?)
• Verbal Agreement
• Power of Attorney- Power of Attorney, Superior Court of Arizona in Maricopa County electronic fillable packet can be found here. (Additional information can be found on the Maricopa County Superior Court website here).
  • *Please note that a Notary Public must witness the signature- the City of Chandler Clerk’s Office (175 S. Arizona Ave.) offers free walk-in notary services Monday through Friday. (480) 782-2383
• Consider noting any medical conditions children may have.

Organize Important Documents (i.e. Birth Certificates, Passports, ID's, Doctors' Contact Information) 
 
How to Locate an Individual detained by ICE- https://locator.ice.gov/odls/homePage.do.  *Family and/or emergency contacts must know the individual's A-Number (the alien registration number found on immigration documents from ICE).  
 
For information and more on these points please click Immigration Toolkit for Families.  
 
Our Promise to You
We understand that uncertainty in the community can be frightening. Please know that our primary focus remains on the classroom. We are dedicated to maintaining a routine that is stable and focused on your child's growth. We are proud of the diversity that strengthens our district. We will continue to work tirelessly to ensure our schools remain a sanctuary for learning. 

With you in education,
Chandler Unified School District

Immigration status does not factor into school enrollment.  Any student who is “school age” can enroll into school. To verify a student’s identity and age, schools must collect one of the following within 30 days of registration (A.R.S. 15-828): 

1.  A certified copy of the pupil's birth certificate 

2.  Other reliable proof of the pupil's identity and age, including the pupil's baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate. 

3.  A letter from the authorized representative of an agency having custody of the pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law. 

There is no requirement that the birth certificate be a United States birth certificate, just that the document shows reliable proof of identity and age.  

Law enforcement officers need reasonable suspicion that a person is involved in an illegal activity (e.g., violating immigration laws or committing a crime) to stop and question them. Under the Fourth Amendment, individuals are protected against unreasonable searches and seizures. Officers cannot randomly stop someone based solely on their appearance, language, or perceived ethnicity. There is a federal court case that originated in Arizona (Melendres v. Arpaio) that should help ensure that law enforcement officials do not stop and question individuals without reasonable suspicion. Specifically, in 2007, Joe Arpaio, the sheriff of Maricopa County at the time, gained national attention for his aggressive and controversial approach to immigration enforcement. Arpaio’s office conducted "saturation patrols" and workplace raids, targeting areas with significant Latino populations. Deputies often stopped drivers and questioned their immigration status. These practices led to allegations that Arpaio's policies violated civil rights and the 4th Amendment by targeting individuals based on race or ethnicity rather than evidence of criminal activity. 

In 2013, as a result of the lawsuit filed by plaintiffs, U.S. District Judge Murray Snow ruled that: 

• Arpaio's office engaged in systematic racial profiling of Latinos. 

• Deputies illegally detained individuals based on their perceived immigration status. 

• The Maricopa County Sheriff’s Office violated constitutional rights by using race or ethnicity as a factor in law enforcement decisions. 

Judge Snow issued a permanent injunction, ordering the Maricopa County Sheriff’s Office to stop detaining individuals based solely on suspicion of their immigration status and to implement reforms, including training and oversight. 

Parents should make sure that their student’s emergency contacts, as set forth on the student’s emergency contact card, are updated to reduce the likelihood of school staff needing to call the Department of Child Safety (DCS). 

For more information regarding this topic, please see the linked document published by the Florence Immigration Project. 

“Residency,” for purposes of school enrollment has nothing to do with a student’s immigration status and only refers to where a student resides.  Schools collect information about “residency” to determine whether a student must pay tuition.  

Tuition is not required for student’s whose parent/legal guardian shows proof that the parent/legal guardian resides in Arizona.  Some exceptions exist for homeless students and the circumstances described in A.R.S. 15-823.  

No. Staff have no legitimate reason to inquire or collect information or records about a student’s immigration status or that of their family members.  As described above, schools are only required to collect information about a student’s identity and age for purposes of enrollment and verification that a student lives in Arizona for purposes of not paying tuition.  

The Family Educational Rights and Privacy Act (FERPA) requires school districts to maintain the confidentiality of all personally identifiable information in education records related to students.  20 U.S.C. §1232g; 34 CFR § Part 99.   

Any and all records, including emails, student files, and personnel information, are generally exempt from disclosure, absent parental consent or consent from an eligible student (age 18 years or older).  

In some circumstances, schools can release student information without parent consent. These circumstances include the following: 

• When there is a “judicial order or lawfully issued subpoena.” In these circumstances, the school must notify parent/eligible student about the order or subpoena so that the parent/eligible student can obtain a protective order;  

• If necessary to address a health or safety emergency, and  

• When a student has engaged in a crime of violence or a sex offense; 34 C.F.R. §99.31.   

Under FERPA schools may (but are not required to) disclose “directory information” without parent consent. Directory information is information that is generally not considered harmful if disclosed and can include items such as: name, address, phone number, birthday, and the like. 

Schools must inform parents or eligible students what they designate to be “directory information” and allow parents or eligible students an opportunity to “opt out” of having their directory information authorized to be disclosed without consent. This is typically done in the student handbook.  Parents and eligible student may choose to “opt out” of directory information at any time.  If a parent or eligible student opts out, then a school must obtain consent prior to directory information being disclosed to a third party.  

Every school district should already have an Equal Educational Opportunities policy that prohibits discrimination and affirms that students’ rights to participate fully in classroom instruction and not have that right abridged or impaired because of race, color, religion, sex, age, national origin, and disability.   

Any reports of discrimination or harassment based on race, color, or national origin should be immediately reported to the designated school employee so that the report can be promptly and fully investigated, and appropriate remedial action taken (if needed).