(NAME-MCE) schools still don't get it

[Bill Howe]

MALDEF PROTECTS THE CONSTITUTIONAL RIGHTS OF STUDENTS TO ENROLL IN
PUBLIC SCHOOLS

AUGUST 15, 2007 - Last week, attorneys for MALDEF successfully
challenged North Chicago public school officials who initially denied
admission to Latino schoolchildren after improperly demanding
documentation of U.S. legal immigration status. MALDEF also criticized
school personnel for contacting the Department of Homeland Security
and for relying on information from a website of a radical
anti-immigration group.

School officials initially refused to enroll children despite the fact
that a North Chicago mother provided a gas bill, electric bill and
mortgage documents, which according to the school's own policy, should
have been sufficient to establish her residency within the school
district. District officials rejected these documents and demanded
additional identification.

School officials also called federal immigration agents and then told
the parent she needed proof of legal residency or work authorization.
The district official also told the mother that her children could
stay at home and be taught by the parent.

Before the mother left, she was also given a copy of a document from
the website of a group called The American Resistance, a group
claiming to be a "coalition of immigration crime fighters" who want to
"save our country from chaos and third world invasion."

While in the process of trying to enroll the children, the mother
contacted MALDEF's Chicago staff who later confirmed her story with
district officials. The students were eventually allowed to enroll
after the district's director of bilingual education intervened.
MALDEF staff immediately wrote district officials and explained that
both state and federal law guarantee a free public education to all
students residing in Illinois. The MALDEF letter highlighted the U.S.
Supreme Court's ruling in Plyler v. Doe, a 1982 decision establishing
that public schools may not deny admission to a student based on the
student's or parent's immigration status. The ruling also forbids
school officials from asking students or parents questions that may
expose their undocumented status.

In its letter, MALDEF also demanded that the district stop contacting
immigration officials, refrain from demanding parents present state
issued identification cards and recommended staff be provided with
appropriate training so that this type of incident did not reoccur.

As they enroll students, school officials may not reject documents
showing residency in the district and instead require documents
proving legal immigration status. School districts should only request
appropriate documents establishing proof of residency and no more.

Parents or community members who are asked about immigration status
when enrolling their children in school may contact their regional
MALDEF office for assistance.

Founded in 1968, MALDEF, the nation's leading Latino legal
organization, promotes and protects the rights of Latinos through
litigation, advocacy, community education and outreach, leadership
development, and higher education scholarships.



-- 
Bill Howe
http://www.billhowe.org

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