This article addresses the issue of the Right to Education for international migrant students, more precisely on the regulation of this right in light of existing national legislation. To this end, documentary analysis was used on the regulation designed to establish the rules for enrolment, classification, inclusion and pedagogical procedures in official establishments of the National Council of Education. After searching national deliberations and opinions, it was found the first national regulation (nº 01/2020) specific to this group of students. For analysis, another source of research was also used, semi-structured interviews with the agents involved in processing and writing the regulations, namely: a counsellor from the National Education Council and a defender from the Public Defender's Office of the Union. The results of the research stated that the resolution strengths, ratifies and establishes conditions for the exercise of the Right to Education for migrant students, since it provides specifically regulation over the conditions of access and permanence of these students in Brazilian schools, nevertheless there are some reservations over the document. Also, is highlighted the fundamental role of the Federal Public Defender's Office, which has been constituted as an important agent in the policy production arena.