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  1. #1
    Administrator Jean's Avatar
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    VA: Bill lets schools check immigration

    Bill lets schools check immigration

    Bill would require schools to ask about immigration status
    By Chelyen Davis


    Date published: 1/13/2011


    RICHMOND

    --When a Fredericksburg city councilman wanted to know where the city schools' new students were coming from--and whether they were illegal immigrants--school officials said they weren't allowed to ask if the students were here legally.

    They could in the future, under a bill from Del. Todd Gilbert, R-Woodstock.

    Gilbert's bill would require whomever enrolls students in schools to indicate the citizenship status of that child's parents.

    The students would still be welcome at schools even if they're illegal immigrants--the law requires schools to educate all students.

    But asking the question, Gilbert said, would help localities keep track of how many students are here illegally and how much it costs to educate them.

    "It doesn't do anything but count heads," Gilbert said yesterday. "We should at least be allowed to assess how much it's costing Virginia taxpayers to bear the brunt of a broken system."

    The bill would require schools to report their tally of illegal immigrant students to the state Secretary of Education, and require the secretary to then compile an annual report for the governor and General Assembly.

    Gilbert said Division of Legislative Services staffers have warned him his bill might not be constitutional. He said he knows that schools don't currently ask about immigration status, because of the belief that "it may place a chilling effect on the desire of these particular parents to enroll their child in school."

    Last year, Fredericksburg City Council member Fred Howe questioned where 238 new students this school year had come from, given that there had been little new construction in the city in the past year.

    Howe asked whether the students might be illegal immigrants, refugees or transferees from other school systems. All were city residents, Fredericksburg school superintendent David Melton said at the time.

    Currently, 13.1 percent of students in Fredericksburg City Schools are English-language learners, and refugees comprise 1.8 percent of the total student population, the letter said. Immigrant students represent 5.1 percent of the total student body.

    Gilbert said he doesn't plan for his bill to target refugees, or any other foreign students who are here legally.

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  2. #2
    Senior Member Ratbstard's Avatar
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    This is what must be done so court challenges can bring it back to the SCOTUS.

    The original SCOTUS decision actually mentioned that all IAs should get education, no questions asked, because the costs would be minimal and not burden localities.
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  3. #3
    Senior Member southBronx's Avatar
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    Re: VA: Bill lets schools check immigration

    & the
    Quote Originally Posted by jean
    Bill lets schools check immigration

    Bill would require schools to ask about immigration status
    By Chelyen Davis


    Date published: 1/13/2011


    RICHMOND

    --When a Fredericksburg city councilman wanted to know where the city schools' new students were coming from--and whether they were illegal immigrants--school officials said they weren't allowed to ask if the students were here legally.

    They could in the future, under a bill from Del. Todd Gilbert, R-Woodstock.

    Gilbert's bill would require whomever enrolls students in schools to indicate the citizenship status of that child's parents.

    The students would still be welcome at schools even if they're illegal immigrants--the law requires schools to educate all students.

    But asking the question, Gilbert said, would help localities keep track of how many students are here illegally and how much it costs to educate them.

    "It doesn't do anything but count heads," Gilbert said yesterday. "We should at least be allowed to assess how much it's costing Virginia taxpayers to bear the brunt of a broken system."

    The bill would require schools to report their tally of illegal immigrant students to the state Secretary of Education, and require the secretary to then compile an annual report for the governor and General Assembly.

    Gilbert said Division of Legislative Services staffers have warned him his bill might not be constitutional. He said he knows that schools don't currently ask about immigration status, because of the belief that "it may place a chilling effect on the desire of these particular parents to enroll their child in school."

    Last year, Fredericksburg City Council member Fred Howe questioned where 238 new students this school year had come from, given that there had been little new construction in the city in the past year.

    Howe asked whether the students might be illegal immigrants, refugees or transferees from other school systems. All were city residents, Fredericksburg school superintendent David Melton said at the time.

    Currently, 13.1 percent of students in Fredericksburg City Schools are English-language learners, and refugees comprise 1.8 percent of the total student population, the letter said. Immigrant students represent 5.1 percent of the total student body.

    Gilbert said he doesn't plan for his bill to target refugees, or any other foreign students who are here legally.

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    Hello
    we american are Paying for all of this & you said you want to know where they are coming from . you know where they are coming
    from Mexico & you know this . don' t you ask for paper ? Birth certificatie .what school is this ?
    &your city residents pay your salary (wake up American )
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  4. #4
    Senior Member artclam's Avatar
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    Citation?

    Quote Originally Posted by Ratbstard
    The original SCOTUS decision actually mentioned that all IAs should get education, no questions asked, because the costs would be minimal and not burden localities.
    Do you have a citation for that case? I'd like to read the decision.

  5. #5
    Senior Member Ratbstard's Avatar
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    Re: Citation?

    Quote Originally Posted by artclam
    Quote Originally Posted by Ratbstard
    The original SCOTUS decision actually mentioned that all IAs should get education, no questions asked, because the costs would be minimal and not burden localities.
    Do you have a citation for that case? I'd like to read the decision.
    Start with this: http://www.kosmix.com/topic/plyler_v_do ... iscussions

    Lots of good discussion.
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  6. #6
    Senior Member Ratbstard's Avatar
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    Here's the actual court decision: http://supreme.justia.com/us/457/202/case.html

    About a third of the way down the page, Page 457 U. S. 229, near the end of the paragraph:

    In terms of educational cost and need, however, undocumented children are "basically indistinguishable" from legally resident alien children.
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  7. #7
    Senior Member stevetheroofer's Avatar
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    Quote Originally Posted by Ratbstard
    This is what must be done so court challenges can bring it back to the SCOTUS.
    "I just learned what a POTUS is, now what the hell is SCOTUS?"
    Is this gonna be on a test?
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  8. #8
    Senior Member artclam's Avatar
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    No bar to asking status

    SCOTUS = Supreme Court Of The United States

    This case doesn't seem to prohibit a school system from asking its students if they are in the country illegally or not. Of course, the school system must have a lawful purpose for asking this question.

    This could sometimes be used against IAs. Some IAs do not enroll their children in school so that the children can work for money. Requiring these children to attend school will not only deprive the IA family of the earnings of that child but will also place a burden on the family to supervise the child before and after school which may interfere with family members ability to work for hire.

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