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Ask an Attorney About Student Rights: Andrea Ramos
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1) How can an undocumented student bring legal action against an individual, school, and/or organization without compromising her/his status in the U.S.? (Jordan HS)

An undocumented peson is always at risk of being apprehended by the Immigration and Naturalization Service (INS). The INS is the agency responsible for enforcing laws regulating immigration. If the person tells INS about his unlawful status, he places himself at risk of deportation. However, if an undocumented person files a lawsuit, he does not put himself in any greater risk. Unless his unlawful status is relevant to the case, he does not need to reveal his status to anyone. If someone asks about his immigration status, he may simply respond that it is not relevant. He is not legally obligated to share the information. (Public school officials should not ask students or parents about their immigration status.) If a person is concerned about his status and filing a lawsuit, he should speak with an immigration lawyer before taking any action.

2) Are 18-year-old high school students held to the same legal status within the school setting as children? If so, why? (Jordan HS)

California children between the ages of 6 and 18 are required to attend school. With certain exceptions, the legal age for leaving school is 18. Once a student turns 18, she has reached the "age of majority." That means she is an adult, and no longer a child. An 18-year-old has certain newly-acquired rights and responsibilities. She may enter into a contract, sue or be sued in court, vote and join the military without parental consent. If an 18-year-old is attending high school, she must comply with the school rules. She has the same rights and obligations as other students. However, an 18-year-old student has certain freedoms, including the freedom to work without a work permit and the right to obtain her school records without parental consent.

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