Feds Say They Have 'Express Authority' to Investigate Alabama Public Schools Over Immigration

FoxNews.com ^ | November 05, 2011 | unattributed

[Hunton Peck]

WASHINGTON – The Justice Department on Friday told Alabama's attorney general that it has the "express authority" to investigate potential federal civil rights violations in Alabama's public schools authorized by the state's controversial new immigration law.

Assistant US Attorney General Thomas Perez informed Alabama Attorney General Luther Strange of the federal government's powers two days after Strange requested that the Justice Department cite what legal authority it had to collect enrollment data on Hispanic students in his state's public schools.

"The Civil Rights Division of the Justice Department is tasked with investigating potential violations of civil rights laws that protect educational opportunities for schoolchildren," Perez wrote in a letter. "We know that the longstanding legal tradition in this country of ensuring the right to attend school without being subject to discrimination on any impermissible ground is as critically important to you, as the Attorney General of the State of Alabama, as it is to the Civil Rights Division."

The Justice Department initially requested the enrollment information at Alabama public schools Monday after receiving complaints that the state's immigration law may violate federal anti-discrimination statutes related to education.

But Luther advised the state's school superintendent to decline to handover the data because of the ongoing...

[bksanders]

The consummate reply as posted by mdittmar

[2harddrive]

NOTHING in the US Constitution gives the Fed.gov exclusive jurisdiction over immigration! The Fed.gov is given authority to set uniform rules for NATURALIZATION, but that is quite different from saying the States can’t regulate foreign immigration into their own dominions.

[RetiredArmy]

Gee, what was that War of Northern Aggression about? Oh, right, STATES RIGHTS! We in Bama ain’t afraid of the Chicago gangland thugs. We are all armed.

[itsahoot]

{I wonder if this opinion will remain valid in 13 months, i.e. after the 2012 elections,?}
Afraid so. Remember GW promised to build a fence, then had Hutchinson defund it after the election.

[bluecat6]

Roll Tide....

[rfreedom4u]

The feds have no business or jurisdiction to do anything regarding schools in any state. There is NOTHING in the Constitution that gives the feds any power over education. Perhaps Alabama could take this to the SC and get the Dept of Education abolished as unconstitutional?

It would be a good start.

[eyeamok]

Abolish the Public School’s, replace it with a voucher system tied to an Individuals Social Security number and Valid Tax Return. No ticky no laundry, problem solved.

[rfreedom4u]

I’m no lawyer but from my understanding they have no reason to investigate anything if no complaint has been made. Not only that, they also have no say in education as the Constitution doesn’t give that power to the feds. So Alabama needs to tell Holder to pound sand.