Who is an Immigrant?

An immigrant is defined as a foreign-born student with three years or less of schooling in the United States. Immigrant students are defined as a student who is foreign-born and in their first year of schooling in the United States. This includes students who have spent less than 60 consecutive days in school the prior academic year. This means that students that enrolled for the first time on March 1, 2019, would still be considered a newcomer student for the 2020-2021 school year. 

Immigrants versus Foreign Students 

The Plyer decision applies to immigrants, meaning students who are present in the U.S. with the intent to remain regardless of their documentation status. The decision does not speak to the enrollment rights of non-immigrant foreign nationals, who may also be enrolled in public schools through other means, such as foreign exchange programs, F-1 student visas, or as the children of foreign workers or diplomats.