According to Section 3301(6) of the Elementary and Secondary Education Act (ESEA), immigrant children and youth are defined as individuals who:
- are aged 3 through 21;
- were not born in any State, which means the 50 states, the District of Columbia or the Commonwealth of Puerto Rico; or
- have not been attending one or more schools in any one or more States for more than three full academic years.
Children born to United States citizens abroad (e.g., children born on a military base overseas) can be considered immigrants if they meet all criteria in the definition listed above.