I teach in a public school with a population that is about 80% Hispanic/Latinx. Many of these students, including some of mine, have close family members that are undocumented. Needless to say, there has been a lot of anxiety since November.
Recently, I attended the conference above. It was like a mini-netroots nation, but based on immigration rights and stuff. Plus, I get professional development points.
More below, but first…
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I attended two sessions. The first one was about the rights of immigrants to receive an education. The first level discussed was the landmark Supreme Court decision Plyler v Doe.
Revisions to education laws in Texas in 1975 withheld state funds for educating children who had not been legally admitted to the United States and authorized local school districts to deny enrollment to such students. A 5-to-4 majority of the Supreme Court found that this policy was in violation of the Fourteenth Amendment, as unauthorized immigrant children are people "in any ordinary sense of the term," and therefore had protection from discrimination unless a substantial state interest could be shown to justify it.
The court majority found that the Texas law was "directed against children, and impose[d] its discriminatory burden on the basis of a legal characteristic over which children can have little control"—namely, the fact of their having been brought illegally into the United States by their parents. The majority also observed that denying the children in question a proper education would likely contribute to "the creation and perpetuation of a subclass of illiterates within our boundaries, surely adding to the problems and costs of unemployment, welfare, and crime." The majority refused to accept that any substantial state interest would be served by discrimination on this basis, and it struck down the Texas law.
Another question asked was “what happens to those children whose parents are deported and lose their residence?” The answer is provided in the McKinney-Vento Act.
The original federal Act, known simply as the McKinney Act, provided little protection for homeless children in the area of public education. As a result, the State of Illinois passed the Illinois Education for Homeless Children Act, which was drafted by Joseph Clary, an attorney and advocate for the Illinois Coalition to End Homelessness. Clary then worked with national advocates to ensure that the protections afforded to homeless children by the Illinois statute were incorporated into the McKinney Act. At that point, the McKinney Act was amended to become the McKinney-Vento Act. That Act uses the Illinois statute in defining homeless children as "individuals who lack a fixed, regular, and adequate nighttime residence." The Act then goes on to give examples of children who would fall under this definition:
- (a) Children sharing housing due to economic hardship or loss of housing;
- (b) Children living in "motels, hotels, trailer parks, or camp grounds due to lack of alternative accommodations"
- (c) Children living in "emergency or transitional shelters"
- (d) Children whose primary nighttime residence is not ordinarily used as a regular sleeping accommodation (e.g. park benches, etc.)
- (e) Children living in "cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations..."[12]
Following the Illinois statute, the McKinney-Vento Act also ensures homeless children transportation to and from school free of charge, allowing children to attend their school of origin (last school enrolled or the school they attended when they first became homeless) regardless of what district the family resides in. It further requires schools to register homeless children even if they lack normally required documents, such as immunization records or proof of residence. To implement the Act, States must designate a statewide homeless coordinator to review policies and create procedures, including dispute resolution procedures, to ensure that homeless children are able to attend school. Local school districts must appoint Local Education Liaisons to ensure that school staff are aware of these rights, to provide public notice to homeless families (at shelters and at school) and to facilitate access to school and transportation services.
The gist of the law is that any child who becomes homeless/displaced due to deportation still has the rights of every other child to receive a public education.
The final level discussed was the question of what can local districts do? As we have seen, districts are passing resolutions proclaiming their schools as safe and welcoming for all students regardless of immigration status. These resolutions often include the following provisions:
- The schools will continue their practice of not requiring social security numbers for enrolled or enrolling students.
- The schools will not ask students or parents about their immigration status.
- District employees will not assist immigration enforcement efforts unless they are legally required to do so.
The final session I attended was a session for families. It was a “Know Your Rights” session. Topics included how to “be prepared”, how to access whether or not you have a warrant, your rights and what to say when stopped while walking, in your car, or if there’s a knock on your door. The presentation went over what you should say in those situations, what rights you have, and how to tell a legitimate warrant from a fake one. Because an ICE warrant is NOT a court generated warrant to enter your home. The presentation was given in both English and Spanish, with the presenter having the audience practice the phrases to say to authorities to declare their rights.
It was a powerful and energizing day, and there were many people who became more informed, as well as more committed to the fight against deportations.
And now, on to Tops!
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From Eyesbright:
This comment from Wu Ming is noteworthy and one of the best on this topic that I've ever seen. It's from this diary by Sidof79.
From susans:
I want to nominate this comment by charlatan, from Old Left‘s diary My Conservative Friend: "I'm SOOO glad that Hillary's Back".
From brillig:
From Frank Vyan Walton’s absolutely brilliant diary They're so mad about Jemele Hill's Trump is a "White Supremacist" tweets because she's right comes this comment of truth by G2Geek.
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