Posted on 11/30/2002 8:03:21 AM PST by B4Ranch
Scouts Out! Cavalry Ho!
Why is it morally ethical to enforce our borders? Why is it morally ethical to prevent lawbreakers from breaking the law?
--Boris
Plyler vs. Doe
1982
- A Summary -
In 1982, the Supreme Court ruled in Plyler v. Doe , 457 U.S. 202 (1982), that public schools were prohibited from denying immigrant students access to a public education. The Court stated that undocumented children have the same right to a free public education as U.S. citizens and permanent residents. Undocumented immigrant students are obligated, as are all other students, to attend school until they reach the age mandated by state law.
Public schools and school personnel are prohibited under Plyler from adopting policies or taking actions that would deny students access to education based on their immigration status.
Based on the Supreme Court's ruling, public school districts should consider the following practices in working with ELL students:
School officials may not require children to prove they are in this country legally by asking for documents such as green cards, citizenship papers, etc. They may only require proof that the child lives within the school district attendance zone, just as they might for any other child.
Schools should be careful of unintentional attempts to document students' legal status which lead to the possible "chilling" of their Plyler rights.
The following school practices are prohibited:
Barring access to a student on the basis of legal status or alleged legal status.
Treating students disparately for residency determination purposes on the basis of their undocumented status.
Inquiring about a student's immigration status, including requiring documentation of a student's legal status at initial registration or at any other time.
Making inquiries from a student or his/her parents which may expose their legal status.
Federal Program Requirements - Federal education programs may ask for information from parents and students to determine if students are eligible for various programs, such as Emergency Immigrant Education. If that is the case, schools should ask for voluntary information from parents and students or find alternative ways of identifying and documenting the eligibility of students. However, schools are not required to check or document the immigrant status of each student in the school or of those students who may be eligible for such programs. The regulations do not require alien registration numbers or documentation of immigration status.
Social Security Numbers - Schools should not require students to apply for Social Security numbers. If schools decide to pass out Social Security registration forms to assist the Social Security Administration, they must tell parents and students, in appropriate languages, that the application forms are merely a service and it is up to the parents and students whether the applications are actually filed. They should stress that schools will not monitor the filing of these applications. Additionally, schools should not require any student to supply a social security number.
School Lunch Programs - In order to qualify for Free or Reduced Lunch Programs, all applicants are required to furnish either of the two following types of information: Social Security numbers of all household members over the age of 21, should they have one. For all household members above the age of 21 who do not have a Social Security number, an indication of the application that he or she does not possess one. If a student or household members over the age of 21 do not have a Social Security number, "none" should be written in that space or another identifying number could be assigned by the school.
Parents and students should be reminded that the Family Educational Rights and Privacy Act (FERPA) prohibits any outside agency, including the Immigration and Naturalization Services (INS), from getting this information without obtaining permission from the student's parents or a valid court order.
School lunch programs are interested in determining household income, not in determining a student's legal status.
Communication with INS - Any communication to INS initiated by a school or school official concerning a specific student is prohibited. If parents and/or students have questions about their immigration status, school personnel should refer them to legal service organizations, immigrant rights organizations, or local immigration attorneys. They should not advise immigrants to go directly to INS offices without first getting proper advice from an attorney or immigrant rights advocate.
Requests for information by INS - School personnel are prohibited from cooperating with INS in any way that may jeopardize an immigrant students' right of access (with the exception of the administration of F-1 and J-1 visas). INS requests for information can only be released upon the presentation of a valid subpoena. All school personnel should be advised of this policy. If a subpoena is presented, it may be advisable to check with an attorney to properly check into the validity of the subpoena.
Requests by INS to enter a school - School personnel should not cooperate with INS in any manner that jeopardizes immigrant students and their right of access. The school principal should meet with INS officials in the front office with a credible witness present, deny the INS officials consent, and request to see a legal warrant. If a warrant is presented, the principal should determine that it:
Lists the school by its correct name and address
Lists students by name
Be signed by a judge
Be less than ten days old
Be served by an INS officer with proper identification.
To protect other students in the school, the principal should bring the INS officials to the office and request that they remain there while the named student(s) is brought to them. The principal should immediately inform the Superintendent and school attorney.
School District Personnel should always consult an attorney to clarify their duties and responsibilities under Plyler. This document is intended solely for guidance.
Source:
"Immigrant Students: Their Legal Right of Access to Public Schools. A Guide for Advocates and Educators" by John Willshire Carrera, Esq. National Coalition of Advocates for Students. Boston MA
There is no way to get good people in government any more. Most of the well-educated are leftists. Most of the politicians haven't lived in the real world since they were born. There is no way in hell an unknown can be elected even with money and connections.
Rather than talking about fixing things, we ought to be focussed on how to get through the changes being imposed upon us.
The government is no longer run of the people, by the people and for the people. The government bows to special interest groups and we shouldn't have meddled in foreign affairs to the extent we have done.
If the government listened to the people, we wouldn't have gotten into this mess because the American people would have wanted immigration drastically curtailed.
Olamendi is the perfect spokesman for the Mexican amnesty lobby.... he's a bumbling moron who can't speak English well enough to understand what he's trying to say. A complete idiot. He's also a professional Mexican (a leech).
It would be nice to be able to repatriate this gaggle of despicable lawbreakers without anything going wrong, but that's impossible. They have to go, nevertheless..... whether they consider it "humane" or not. Lot's of Americans have been hurt by this invasion already.... just look at California and Arizona.
You have to remember that the vile Mexican government has been teaching their unskilled, uneducated minions to hate 'gringos' since 1848. This won't just go away because Bush's cattle-ranching buddy got elected on a campaign full of lies, will it? Not a chance. Round 'em up and move 'em out. And remember this treachery come 2004.
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No. It is our responsibility to raise them in such a manner that they will be able to survive under almost any circumstances.
As to slamming the door on poor people from the south, I wonder what God thinks about it.
Also I wonder how much is our fault that Mexico is in a mess . We set the world standard financially.
I'm kind of thinking out loud here; I don't have a clear sense of what is best. My sense of what is best is that Mexico should have cleaned up their act and made their country nice so people would want to stay. We were the ones who were told by opinion shapers that we were being immoral (the implication) if we produced more than 2.5 children. That was a lie.
I deleted some other things I really think. Deep down I don't trust Mexicans as a whole because they seem sneaky. That may be totally untrue, but I have seen them get away with things I couldn't get away with. An example:
My daughter was in a horrible accident. My ex-husband turned me in to social services because parts of the walls were out in my house because I hadn't gotten around to hire anyone to fix them. Because of possible lead poisoning, the social worker said I couldn't take care of my granddaughter. I managed to get permission from the housing manager (which was really nice of her) to stay at my daughter's government-subsidized apartment while she was in the hospital so I could take care of my granddaughter. I couldn't have my underage son there; he had to fend for himself at home and with friends.
One of the girls in the building had an illegal Mexican boyfriend who got a pass living in government housing and never ever had to get out. Others had drug dealers and all kinds of creepy people hanging around day and night.
That's a microcosm of how illegal people get more and better treatment than American citizens when the chips are down.
There I shouldn't have spouted that off but I did.
My personal feelings may not be in line with higher moral law.
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