ACLU Files Lawsuit, Claims Fair Lawn School District Discriminates Against Undocumented Immigrants

FAIR LAWN, N.J. — The American Civil Liberties Union filed a lawsuit in Bergen County Superior Court Monday against the public school district, claiming it discriminates against undocumented immigrant parents and allegedly denies their children access to a free education.

The ACLU's New Jersey chapter said that the district requires "an impermissible and discriminatory registration hurdle," making parents provide a valid driver's license and vehicle registration.

The ACLU claims that the district is violating the United States and New Jersey constitutions by making this a requirement.

RELATED: Read the ACLU's Filing Here

The driver's license and registration are in addition to requesting proof of residency, age, and the child's birth certificate, and immunization records.

"It is not possible for immigrants who lack Social Security numbers or a valid immigration status to obtain such identification," the lawsuit claims. "Therefore, these residents and their children are prevented from registering for school and are denied equal protection of the law."

According to the suit, state Administrative Code prohibits that "immigration status does not impact eligibility to attend school."

In order to get a valid state driver's license, an applicant must have a verifiable social security number, immigration status, and proof of address.

The ACLU is seeking a declaration that the district's driver's license and registration application requirement is unconstitutional, permanent, injunctive relief of the requirement, and payment of attorney's fees and associated costs.

Fair Lawn Interim Superintendent Ernest Palestis did not immediately respond to a requests for comment via phone and email Tuesday afternoon.

The ACLU also filed complaints against the Jamesburg, Spotswood, and Port Republican school districts, and the Jersey City Global Charter School. The union wants the courts to "halt these unconstitutional school registration requirements immediately."

"The law is clear: Schools cannot discriminate, and they should be held accountable when they do.” ACLU-NJ Senior Staff Attorney Alexander Shalom said in a statement. “It’s the job of the Department of Education to make sure New Jersey school districts are following the constitution, and they must take that duty seriously."

The ACLU has, reportedly, repeatedly warned the districts and charter schools for years regarding the policies.

In 2014, the New Jersey discovered that 136 school districts illegally prohibited immigrant students from enrolling and wrote letters to those districts, asking them to comply with the law. More than 100 changed their policies, but 27 others, including East Rutherford and Hackensack, did not. The ACLU-NJ sued the seven districts with the most severe policies. A few months before that, the ACLU-NJ had filed a lawsuit against the Butler School District when the school district refused to end its policy, and the district ultimately agreed to drop the restrictions.

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