Who is an Immigrant Youth?

"Immigrant Youth" is defined under Title III of the Elementary and Secondary Education Act of 1965. It is important to note that the term "immigrant" as used in Title III is not related to an individual's legal status in the United States. Under the U.S. Supreme Court case Plyler v. Doe, schools are required to provide equal access to a basic public education to all students, regardless of immigration status. An immigrant youth is not necessarily an English learner and not every English learner qualifies as an immigrant youth.

An immigrant student is a student-

who is age 3 through 21;

AND

was not born in any State*; 

AND

has not been attending one or more schools in any one or more states for more than three full academic years.

*A State is defined as-

each of the 50 states, the District of Columbia (DC), the Commonwealth of Puerto Rico, and each of the outlying areas**.

**The outlying areas include-

the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Taken from: U.S. Department of Education

Elementary and Secondary Education Act (ESEA) of 1965 as amended by the Every Student Succeeds Act of 2015

Section 3201 (5) and Section 3201 (13)