Migrants wait throughout the night on May 10, 2023, in a dust storm between the Rio Grande and the border wall, hoping they will be processed by immigration authorities. Oklahoma’s state superintendent filed a lawsuit Tuesday against three federal agencies that oversee immigration enforcement. (Photo by Corrie Boudreaux for Source NM)
OKLAHOMA CITY — State Superintendent Ryan Walters has sued three federal agencies responsible for immigration enforcement, accusing President Joe Biden’s administration of imposing a financial burden on Oklahoma schools through a “repeated failure” to secure the nation’s southern border.
Walters and the Oklahoma State Department of Education filed the lawsuit in Oklahoma City federal court on Tuesday. They asked a judge to order the federal government to reimburse the state for the cost of educating immigrant children, though the lawsuit doesn’t demand a specific dollar amount. Public schools are legally obligated to educate all students who enroll, regardless of immigration status.
In an Oct. 30 letter to Vice President Kamala Harris, Walters demanded federal officials pay Oklahoma $474.9 million to offset an alleged cost burden of undocumented immigration on the state’s education system, citing an estimate from an anti-immigration organization.
State Superintendent Ryan Walters, pictured Oct. 29, filed a lawsuit Tuesday seeking reimbursement from the federal government for Oklahoma’s costs of educating immigrant students. (Photo by Nuria Martinez-Keel/Oklahoma Voice)
Walters’ lawsuit names the U.S. Department of Homeland Security and two agencies under its umbrella, U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection, as defendants along with the Biden administration officials at the head of each agency.
The Biden administration has less than a week until President-elect Donald Trump is inaugurated Monday. Trump has promised mass deportations of undocumented immigrants and stricter policies at the U.S.-Mexico border.
“While President Biden has neglected his responsibility to protect our borders for four years, hardworking Oklahomans are forced to cover the costs of his dereliction of duty,” Walters said in a statement. “This lawsuit is about accountability and ensuring that our children receive the quality education they deserve, free from the federal government’s failures, even from a failed, outgoing administration.”
Last month, Walters drew controversy when he suggested a new rule to require Oklahoma schools to ask students for proof of U.S. citizenship or legal immigration status. Undocumented students still would be allowed to attend public schools, but districts would have to report to the state Department of Education the number of these children they enroll.
The U.S. Department of Education does not allow public schools to ask for students’ immigration status, deeming it unnecessary and a risk of having a “discouraging effect” on children’s enrollment. A similar law Alabama enacted in 2011 was overturned through a federal lawsuit.
The Oklahoma Legislature or Gov. Kevin Stitt would have to approve of Walters’ rule before it could take effect. Advocates within Oklahoma City’s Latino community warned the proposal could frighten immigrant families away from enrolling their children in school.
Members of the public can submit written comment on the proposed rule until 5 p.m. Friday. Individuals can comment on the rule in person during a public hearing at 11 a.m. Friday at the state Education Department’s headquarters in Oklahoma City.
In a declaration filed Tuesday in federal court, Walters said he sued the Biden administration because the cost of undocumented border crossings will persist for years to come. Immigrant children who already reside in Oklahoma “will need to be educated throughout school age,” he wrote.
His lawsuit claims Oklahoma should be reimbursed for current and future costs to hire more bilingual school personnel, administer language assessments and afford other expenses that would increase as schools enroll more children, such as nutrition and transportation.
The federal government already provides funds per student to public schools to support children learning English as a second language.
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