Immigration Status for Students

Focus Question: Should public school districts be checking for the immigration status of students  as a part of the application process for enrollment?

I found an article from the New York Times: U.S. Warns Schools Against Checking Immigration Status. 
Written by Kirk Semple 2011

Many schools have begun asking for immigration papers as a prerequisite to enrollment. Some schools even asking prospective students to reveal their citizenship or immigration status. How uncomfortable! 





For example: In New York, of the 139 school districts, 20% were requiring children's immigration paperwork as a prerequisite for enrollment.


“We have become aware of student enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’ actual or perceived citizenship or immigration status,” said the memo, from Justice and Education Department officials. “These practices contravene federal law.”


This leads to a great fear for illegal immigrants. The requirements cause illegal families to avoid enrolling their children because could lead to being reported to federal authorities. 


In Arizona, state lawmakers have considered a bill that would require the state’s Education Department to determine the number of public school students who are unable to prove lawful presence in the United States




Supreme Court Decision 1982
Recognizes the right of all children, regardless of immigration status, to attend public school as long as they meet the age and residency requirements of the state law. 

http://www.nytimes.com/2011/05/07/education/07immig.html

Wisconsin Immigration Law

http://tinyurl.com/7debzyq

After learning a little more about Alabama Immigration Laws, and how similar they are to Arizona Immigration Laws, I wanted to see how Wisconsin relates. The URL above links to the FindLaw website.  I looked for Wisconsin legislation that relates to immigration status of an individual.  

Law Enforcement and Immigration in Wisconsin 

There is a federal program called "Secure Communities" which focuses on protecting communities.  US Immigration and Customs Enforcement (ICE) limits resources to those who have been arrested breaking criminal laws. Secure Communities is a way to carry out ICE's practices. 

In Wisconsin, anyone who is arrested will be fingerprinted and their identity will be run through a federal database to check for a criminal record and immigration status. 

Employment & Immigration 

Wisconsin participates in the Employment Eligibility Verification process.  Employers must complete the I-9 forms within three days after hiring an employee.  The employee is required to fill out a form, releasing basic information such as:

• Name
• Date of birth
• Address
• Social Security number

Employer must then verify that the employee has presented documentation confirming his or right to work in the U.S.

E-Verify Requirements

E-Verify is "an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, data from the Department of Homeland Security and Social Security Administration records to confirm employment eligibility". Wisconsin has no E-Verify requirement. 

Driver's License/ID Requirements

Wisconsin residents must present documentation proving identity, date of birth and U.S. citizenship or legal residence .

Public Benefits Restrictions

The federal law states that illegal immigrants are prohibited from receiving most public benefits.  But, in Wisconsin illegal immigrants are allowed to receive emergency services, health care and other programs that are deemed "necessary to protect life and safety."

Education Checks

Wisconsin does not seek information to reveal immigration status of children applying for enrollment in public schools. 

Voting Rights

Wisconsin does have a strict rule for voting.  A voter must present one of the following: 

• Wisconsin Driver's License/ State ID
• Military ID
• U.S. Passport
• Green Card
• Tribal ID
• Student ID

Housing Ordinances and Immigration 

No Wisconsin participation 

Reactions

After comparing some states with respect to the level of "strictness" immigration laws can be, I continue to be in the middle.  I can understand the need for E-Verify, yet at the same time, find it to be extremely in depth to prove that someone is not an illegal immigrant. The questions I gathered from  the E-Verify section are: 

What have been the consequences in WI of not participating in E-Verify? 

After writing the article about the tomato farmers, and knowing there are illegal workers in Wisconsin, what would happen to the Wisconsin State Economy if E-Verify were to be used in WI? How would this effect unemployment? 

I agree with the ID requirements, I feel that you should have some sort of identification.  This area to me would help the legal employment rate; if you need to present some sort of legal documentation get an ID, then the employer could simply ask for your ID. 

I also am happy that WI doesn't seek information of children during their application process for enrollment into public schools. (More information: Next Blog).  Leaving the immigration status of the parents out, I feel the consequences of not educating ALL children would be very high! This is the first step in the immigration transition of helping the children of the future become citizens.  It breaks the cycle.  If the children of immigrants have the same amount of work ethic their parents do, the opportunities and possibilities for these children are endless! They can help towards a better future and maybe towards helping their home communities. 

Economic Reality

NPR posted an article on the "Economic Reality of Tough Immigration Laws", discussing the Alabama Anti-Immigration Laws. Tagged on this article was a radio story, from which I took notes.

Justice. Rights. Protection of borders.

Who has the right to be in this country?

Focus question: Can the US economy really function without undocumented workers?

In order to make a profit, businesses focus on working, employment rates and consistency in the work force.  With respect to undocumented workers, employers can pay less and hire more which helps the business in terms of productivity.

The Alabama state reform has made it harder for an employer to hire undocumented workers and the Federal government is raising the legal atmosphere at the border and work sites.

NPR made an interesting point, conservatives wish for a "smaller government" yet by controlling the illegal immigration situation in the states, there is a larger government - tightly controlled borders.

This program was discussing a tomato farm that employs illegal immigrants.  Would legal citizens work on farms and do heavy labor that undocumented workers would do?

Traditionally, illegal Mexicans bring a very high work ethic and culture. They are in shape and are accustomed to heavy labor.  This can't be said about a traditional legal citizen... Usually, not willing to participate in extreme labor.  The story mentioned that this tomato farm employed some legal citizens.  They were going to hire a set amount, but only 1 or 2 of the applicants showed up.  The productivity decreased as a result of documented workers participating in the labor.

Some may say that illegal immigrants bring "unskilled labor", but in reality it is specialized labor.

If employers were to employe legal citizens, these documented workers would expect a higher pay.  If an employer pays more for labor, the consumers pay more for tomatoes.  This small change in cost will affect the productivity and profit all the way down the chain of operations.

NPR also noted that illegal immigration employment acceptance depends on the economic status and recovery: If the demand for labor is higher, politicians get softer on illegal employment.

Reflection
I think NPR and the tomato workers of Alabama bring up valid points in this radio story. There would be drastic economic affects if undocumented workers were completely taken out of the picture. Productivity would decrease, prices would go up, grocery stores would have to charge more. The immigrants choice to come to the US and work is usually for bettering their family.  Undocumented workers tend to not be as picky as US workers because they know what the American "Rock Bottom" is, and they've seen worse conditions.  If they can  have a consistent source of income, provide for their family, and work, they aren't picky. 


I would like to research what the effects are of undocumented workers not paying taxes or receiving any of benefits to protect them if they were to get harmed on the job. There is a large number of illegal immigrants working; if they were all to pay income taxes, what would happen with our economy? 

To Read More: http://www.npr.org/2011/10/08/141183030/can-the-u-s-economy-really-function-without-undocumented-workers

Consequences

Article: The Disastrous Consequences of Alabama's Anti-Immigration Law
Care to Make a Difference

"...Lives up to its billing as the nation’s toughest immigration bill and goes well beyond the Arizona law (S.B. 1070) on which it was based."

Bans undocumented students from secondary education.
Even if police are on a routine traffic stop, they demand proof of immigration status from anyone they suspect of being in the United States illegally.
Any contract entered into with an illegal alien is invalid, including rent.
It is a crime to be undocumented.

According to the article, the negative consequences include: 

• Loss of up to $10.8 billion of Alabama's GDP
• Loss of 140,000 jobs
• Loss of $264.5 million in state tax revenue

The greatest loss was the "social and civil rights" of those living in Alabama. 
2,285 Latino students did not show up to school






Reflection
This article was written by the Center for Action Progress which is a progressive group that works towards bettering the lives of Americans through ideas and action. Their believe is in an open, effective and pragmatic government. 


This article was difficult for me because of its vagueness... The past two posts concerning the Alabama Anti-Immigration Law were interesting to read, and rather intense.  I would like to research and compare the Alabama State Law to the Arizona, Wisconsin and Federal Law.  From what it sounds like, Arizona may even be more strict.  I feel that the law will have serious consequences if ALL undocumented students are banned from secondary education - my question is although it may be affecting the tax payers, what is the banning of students helping in the long run? I see more uneducated, low skilled migrants...
Second, I can see potential for large discrimination suites between the education system as well as the police having the ability to ask for identity because of a suspicion. If a person has nothing to hide, should it be fine? Or is this targeting the Mexican/Latino demographic.  I'd hope the police would have good intentions of stopping people because of a legit traffic reason, not because of racial suspicions. 


I am torn though because the Center for Action Progress works towards helping AMERICANS. Undocumented immigrants/aliens/people have feelings, a large work ethic, families, hardships, language barriers, etc. and DO need help. But as far as the American Constitution, they are not legally Americans.  So when the article states that there are "social and civil rights" being violated, I question the rights of these individuals.  In the global perspective, every individual has rights, but rights are earned through paying taxes, citizenship, becoming legal, the whole process. Talking to fellow legal immigrants, I have sensed an even harder expectation from them towards their own demographic - they worked hard to be in this country and so should the other immigrants coming to the United States. 


Instead of or along the efforts of banning, crimes and cranking up the law, I'd like to see efforts to help these immigrants become legal.  In the next post, I will describe some effects of undocumented employees in the work force. Very interesting and without them, we may need them more than we think. 


I see the consequences listed above, but they are too vague for me. In the "loss of 140,000 jobs" WHO/what demographic was originally employed in those positions?  And HOW did the state of Alabama develop the losses? My guess, mirroring the following post, is that the immigrants take those jobs, usually lower end that American's don't traditionally take and this helps the economy.


Read more: http://www.care2.com/causes/the-disastrous-consequences-of-alabamas-anti-immigration-law.html#ixzz1s4aZIUI5

Alabama Anti-Immigration Law

According to the Latin American News Dispatch article - Text of Alabama Immigration Law, HB56


Alabama Anti-Immigration Law (June 9, 2011) "Beason-Hammon Alabama Taxpayer and Citizen Protection Act"


Section 2: "The State of Alabama finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. Because the costs incurred by school districts for the public elementary and secondary education of children who are aliens not lawfully present in the United States can adversely affect the availability of public education resources to students who are United States citizens or are aliens lawfully present in the United States..."

• Requires public schools to check the status of every student
• Criminalizes giving an undocumented immigrant a ride
• Requires employers to use E-Verify to check potential employees’ status
• (7) E-VERIFY. The electronic verification of federal employment authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. §1324(a), and operated by the United States Department of Homeland Security, or its successor program.
• Instructs police to check the immigration status of anyone they stop if they suspect the person of being an undocumented immigrant. View the text of the law

(10) LAWFUL PRESENCE or LAWFULLY PRESENT. A person shall be regarded as an alien unlawfully present in the United States only if the person’s unlawful immigration status has been verified by the federal government pursuant to 8 U.S.C. § 1373(c). No officer of this state or any political subdivision of this state shall attempt to independently make a final determination of an alien’s immigration status. An alien possessing self-identification in any of the following forms is entitled to the presumption that he or she is an alien lawfully present in the United States:

a. A valid, unexpired Alabama driver’s license.

b. A valid, unexpired Alabama nondriver identification card.

c. A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.

d. Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance.

e. A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer’s admission to the United States.

f. A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer’s admission to the United States.

http://latindispatch.com/2011/06/09/text-of-alabama-immigration-law-hb-56/