Ottley cites 1,085 undocumented students in case for residency law

Member of Parliament Omar Ottley told Parliament on Thursday 22 October that 1,085 undocumented students are enrolled in primary and secondary schools on St. Maarten. Citing 2026 information from the Ministry of Education, Culture, Youth and Sport, Ottley said 64 students are expected to graduate that year without legal residency.

Ottley presented the figures while defending his draft initiative law, “Born Here, Born to Be Here.” The proposed amendments to the National Ordinance on Admission and Expulsion would expand residency eligibility for certain children born on St. Maarten. Of the students counted, 465 were born on St. Maarten, he said.

According to Ottley, 661 undocumented children are in primary education and 424 are in secondary education. The proposal would lower the age for admission by operation of law from 16 to 10 and replace a requirement for continuous legal admission since birth with evidence that a child has lived on St. Maarten since birth. School enrolment and education records could be used as evidence of residence.

Ottley said the proposal also creates another possible route for eligible children whose parents have met qualifying tax and social-contribution obligations for 10 consecutive years. The draft has been sent to the Council of Advice and the Social Economic Council, but it has not been enacted and still requires parliamentary approval.