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Schools reminded not to check students' immigration status

http://www.sun-sentinel.com/news/palm-beach/fl-students-immigration-status-20100921,0,5553404.story

The immigration status of Palm Beach County students and their families must never be questioned, officials are reminding principals and teachers.

The School Board has tentatively approved adding that stipulation to a 2007 policy on student enrollment requirements concerning where they live in the county.

A final vote on the change — which already appears in other school district governing documents — is set for Oct. 6.

While the topic of immigration has been in the headlines recently because of a controversial Arizona law, legal protections for undocumented students are nothing new here or across the nation.


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The new School Board policy language enforces a 1982 U.S. Supreme Court ruling in Plyler v. Doe. It held that school-age children in the country illegally have a Constitutional right to attend public schools and receive the same education as students who are citizens.

Lawyers have interpreted Plyler to mean that schools can't verify or demand proof of a student's immigration status. Doing so would "chill" the right of undocumented students to obtain a free, public education, legal experts say.

This protection for schoolchildren still applies in Arizona, where a new immigration law makes it a state crime to lack legal residency. Lawsuits, including one from the U.S. Department of Justice, were filed to challenge the legislation.

A federal judge has issued an injunction against certain provisions of the law, including one requiring police officers to determine a person's immigration status if they are stopped and suspected of being in the country illegally.

Palm Beach County school officials insist on protecting undocumented students.

"In enforcing our enrollment policy, we have to make sure we're not violating the right of people to attend school," said Jerri-Lyn Burns, manager of School Enrollment and Demographics.

Subject to the board vote, the district's amended policy will state: "School personnel are strictly prohibited from requesting or requiring documentation of the immigration of students and families."

Officials said they were not aware of any violations of the federal law.

The same board policy on enrollment requires parents of students to provide two proofs of residence in the county. Acceptable documents include electric bills, credit card statements, Florida driver's license, leasing agreements and mortgages.

But School Board member Frank Barbieri said he knows of cases where foreign students, particularly from South America, have been attending schools here. He said he hopes the district's registration requirements can do a better job of blocking these students without violating federal laws on immigration.

"It's apparently not a huge number of children," Barbieri said. "But it basically amounts to a tutoring service or, worse, a baby-sitting service, at the expense of the taxpayers of Palm Beach County."

The situation apparently occurs at the end of the school year in South American countries, when classes are still in session in Palm Beach County during the winter months. While some of those students spend their break with their families here, they enroll in local schools, Barbieri said.

"If we have to meet class-size requirements class-by-class, rather than school average, it could result in a school having to establish a new class, hire a new teacher, etc., only to find that a couple of months later, when the school year begins again in South America, those students leave to go back home to South America," Barbieri said.

While not speaking about a specific case, Burns said valid proof of residence is collected for all students, except for students who are homeless or in foster care.

The same policy also aims to prevent the submission of false information, by warning of severe consequences: Parents of new and returning students must declare their legal address under penalty of perjury, a third-degree felony punishable by up to five years in prison.

School Board member Debra Robinson warned against speculating about any groups of students.

"How do we know they are vacationing here?" she asked, after Barbieri mentioned the South Americans. "I just want us to be careful about making assumptions which may put these children in a negative light."

10 Responses
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377493 tn?1356502149
If it were up to me I would heavily heavily penalize those that hired illegal immigrants.  I would do checks to make sure the children are not attending public schools.  They should not be allowed to access health care.  I really think that would solve a big chunk of the problem.

We had (and still have actually) a problem with people coming here and fraudulently accessing our health care.  It is taxpayer funded, not just free to everyone.  They have been cracking down on it and things are improving.  You also cannot hire someone without a social insurance card or there are quite large penalties in place.

Remove the lure, and most of the problem will be solved.  But as long as there are those willing to hire them they will come.
Helpful - 0
649848 tn?1534633700
We don't understand it either -- that's why we are so "up in arms" about it........

Of course, I would never put anyone down for trying to better themselves; but why should they get to come here illegally, then get more benefits than our own citizens?  

You are totally correct -- it's this, that's causing so much trouble over the illegal immigration; along with the fact that the Federal government is supposed to enforce the immigration laws and refuse to do so, yet they refuse to let the States take matters into their own hands -- think Arizona.
Helpful - 0
377493 tn?1356502149
In my opinion it's issues like this that are creating such a big problem with illegal immigration.  If you are from a poor country and know that sneaking into the US will provide your children with a good education, jobs, etc. of course people will come...they are human and want the best for their families, so why wouldn't they?  I think the only way you will really ever get a handle on this issue is to take away the rewards.  I don't understand how you can come to the US illegally and work or go to school...makes no sense.  But I sure can see why those in impoverished countries would take advantage of it.  Can't blame them really...they are desperate.  
Helpful - 0
649848 tn?1534633700
We've done the math on the illegal immigrants and turns out they are the winners......they get whatever they want - even to the point of sending their children to school without paying taxes or providing documentation, get a driver's license without documentation, etc; while we have to pay taxes and provide birth certificates for our children in order to attend school; along with marriage licenses, passports, etc to prove who we are in order to even get a driver's license........

This is all in the name of "political correctness"......... something's really wrong with our system when the citizens have to jump through more hoops than the immigrants.....illegal as they are......
Helpful - 0
Avatar universal
We are also paying for all those on assistance, whose parents are not working, not just illegals. Do the math.
Helpful - 0
Avatar universal
Well lets call it what it is shall we. Each community pays taxes for the running of the schools. Parents, homeowners, everyone. Except for those illegally here who are not getting a paycheck or paying taxes. They are most usually paid cash under the table. So yeah, everyone else is taking care of those childrens education. I think the employers need to be dealt with in a very serious manner. They are not doing the illegals any favors, nor the communities, just padding their own greedy pockets.
Helpful - 0
Avatar universal
Why is it Americas responsibility to educate illegal immigrants?  It's a system that they are not assisting in funding, but are taking full advantage of.  And do you know why???  Because they can.  Again, this is whats wrong with politics.  
Helpful - 0
Avatar universal
Absolutely agree.
Helpful - 0
Avatar universal
I agree with you 100 percent.
Helpful - 0
649848 tn?1534633700
If they can't check immigration status, they should not be allowed to require citizens to provide a birth certificate; same goes for driver's license, etc.
Helpful - 0
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