Equity in Civic Technology, Privacy & Data
Brief – Unique Civil Rights Risks for Immigrant K-12 Students on the AI-Powered Campus

Ongoing public discourse has sparked renewed questions about the intersection of immigration and K-12 schools. Recent statements indicate that there will be a focus on immigrant children in schools by the incoming presidential administration, including efforts to block undocumented children from attending public school and take immigration enforcement actions on school grounds. State leaders are taking similar interest in the issue, with some publicly announcing plans to challenge Plyler v. Doe’s constitutional right to an education for undocumented students and notices sent home to parents regarding their plans to “[stop] illegal immigration’s impact” on schools.
I. Introduction
Immigrant students are protected from discrimination on the basis of national origin in school under Title VI of the Civil Rights Act of 1964. National origin discrimination occurs when someone is harassed, bullied, or otherwise treated differently “stemming from prejudice or unfounded fears about their national origin (including the country or part of the world they or their family members were born in or are from, their ethnicity or perceived ethnic background, and/or the language they speak).” This brief focuses on the unique civil rights considerations for immigrant students and how schools can fulfill these legal obligations when it applies to their use of data and technology. Specifically, it:
- Defines who immigrant students are and how they may be present in the U.S.;
- Analyzes the unique circumstances and risks that immigrant students face in schools;
- Identifies the ways in which data and technology could run afoul of immigrant students’ civil rights; and
- Provides recommendations to school leaders to ensure their use of data and technology is consistent with civil rights laws and supports the success of all students.
Although this brief focuses on non-citizen immigrants because of the unique legal risks and vulnerabilities they face, it is important to note that other groups, like immigrants who become U.S. citizens, English Learners, and those who are merely perceived to have been born outside of the U.S., are also protected from national origin discrimination.