Debunking the Perry Immigration Lie

townhall.com ^ | 9/25/11 | Kevin McCullough

[TexasFreeper2009]

Maybe Mitt Romney doesn't realize that nearly all of the rest of children of illegals had no choice in whether to live in Texas or not. If they were brought there by parents who were illegal--how is that the child's fault? Is Romney ready to charge those children with crimes? Mass deportations? Even Romney has not pledged to go that far.

[casinva]

Law is Law! It does not matter what age you are for the law applies to ALL regardless as to age. When they illegally crossed the border, both parents and children broke the law and need to pay the consequences. In many cases, the “children” were old enough to know damn well what they were doing.

Furthermore, how the hell did these “children” get into school without a Social Security number? Strange huh? Well, they were certainly breaking the law to get one!

You are correct that "Law is Law!", and the FEDERAL LAW is that states MUST provide education without proof of citizenship, residency, or any other documentation of immigration status.

It is a FEDERAL law which came about from a review of the 14th Amendment of the Constitution.

Plyler vs. Doe
1982
- A Summary -

In 1982, the Supreme Court rules in Plyler v. Doe , 457 U.S. 202 (1982), that public schools were prohibited from denying immigrant students access to a public education. The Court stated that undocumented children have the same right to a free public education as U.S. citizens and permanent residents. Undocumented immigrant students are obligated, as are all other students, to attend school until they reach the age mandated by state law.

Public schools and school personnel are prohibited under Plyler from adopting policies or taking actions that would deny students access to education based on their immigration status.

Based on the Supreme Court's ruling, public school districts should consider the following practices in working with ELL students:

School officials may not require children to prove they are in this country legally by asking for documents such as green cards, citizenship papers, etc. They may only require proof that the child lives within the school district attendance zone, just as they might for any other child.

Schools should be careful of unintentional attempts to document students' legal status which lead to the possible "chilling" of their Plyler rights.

The following school practices are prohibited:

Barring access to a student on the basis of legal status or alleged legal status.

Treating students disparately for residency determination purposes on the basis of their undocumented status.

Inquiring about a student's immigration status, including requiring documentation of a student's legal status at initial registration or at any other time.

Making inquiries from a student or his/her parents which may expose their legal status.

Federal Program Requirements - Federal education programs may ask for information from parents and students to determine if students are eligible for various programs, such as Emergency Immigrant Education. If that is the case, schools should ask for voluntary information from parents and students or find alternative ways of identifying and documenting the eligibility of students. However, schools are not required to check or document the immigrant status of each student in the school or of those students who may be eligible for such programs. The regulations do not require alien registration numbers or documentation of immigration status.

Social Security Numbers - Schools should not require students to apply for Social Security numbers. If schools decide to pass out Social Security registration forms to assist the Social Security Administration, they must tell parents and students, in appropriate languages, that the application forms are merely a service and it is up to the parents and students whether the applications are actually filed. They should stress that schools will not monitor the filing of these applications. Additionally, schools should not require any student to supply a social security number.

School Lunch Programs - In order to qualify for Free or Reduced Lunch Programs, all applicants are required to furnish either of the two following types of information:

Social Security numbers of all household members over the age of 21, should they have one

For all household members above the age of 21 who do not have a Social Security number, an indication of the application that he or she does not possess one.

If a student or household members over the age of 21 do not have a Social Security number, "none" should be written in that space or another identifying number could be assigned by the school.

Parents and students should be reminded that the Family Educational Rights and Privacy Act (FERPA) prohibits any outside agency, including the Immigration and Naturalization Services (INS), from getting this information without obtaining permission from the student's parents or a valid court order.

School lunch programs are interested in determining household income, not in determining a student's legal status.

Communication with INS - Any communication to INS initiated by a school or school official concerning a specific student is prohibited. If parents and/or students have questions about their immigration status, school personnel should refer them to legal service organizations, immigrant rights organizations, or local immigration attorneys. They should not advise immigrants to go directly to INS offices without first getting proper advice from an attorney or immigrant rights advocate.

Requests for information by INS - School personnel are prohibited from cooperating with INS in any way that may jeopardize an immigrant students' right of access (with the exception of the administration of F-1 and J-1 visas). INS requests for information can only be released upon the presentation of a valid subpoena. All school personnel should be advised of this policy. If a subpoena is presented, it may be advisable to check with an attorney to properly check into the validity of the subpoena.

Requests by INS to enter a school - School personnel should not cooperate with INS in any manner that jeopardizes immigrant students and their right of access. The school principal should meet with INS officials in the front office with a credible witness present, deny the INS officials consent, and request to see a legal warrant. If a warrant is presented, the principal should determine that it:

Lists the school by its correct name and address
Lists students by name
Be signed by a judge
Be less than ten days old
Be served by an INS officer with proper identification.

To protect other students in the school, the principal should bring the INS officials to the office and request that they remain there while the named student(s) is brought to them. The principal should immediately inform the Superintendent and school attorney.

School District Personnel should always consult an attorney to clarify their duties and responsibilities under Plyler. This document is intended solely for guidance.

Source:

"Immigrant Students: Their Legal Right of Access to Public Schools. A Guide for Advocates and Educators" by John Willshire Carrera, Esq. National Coalition of Advocates for Students. Boston MA http://www.americanpatrol.com/REFERENCE/PlylerVDoeSummary.html

[trebb]

Good post, but too many Freepers have gone blind masturbating over how they can trash Perry without reading the facts - they seem to pay attention to those who boost their position, but won't look at anything that goes against their pre-conceived notions (how very left-wing democratic of them).

I was getting a bit nervous about Perry from all the Freeper trashing going on, then started finding out that most of his thoughts/actions make perfest sense in the imperfect situation the Feds have put America in - especially the border states.

[casinva]

Unless you desire to pretend our Federal Government has been protecting our borders, securing us as they should have been doing, and unless you desire to say our federal government has been doing their part deporting as they should have been doing all these years, then NO, it is not. However, if you want to pretend our federal government has been doing those things well and has been protecting us, then I would surmise it is you full of wet green BS.

[cripplecreek]

Good post, but too many Freepers have gone blind masturbating over how they can trash Perry without reading the facts

Yeah that'll win us over. LOL

[TexasGunRunner]

So, you favor tuition discounts for adult illegal aliens? You also favor racial stereotyping where we should pander Hispanics by giving conferring the rights of citizenship onto illegal aliens? How very left-wing democratic of you.

We’re talking college, so we’re talking adults. We’re not talking about anchor babies, because they’re US citizens and don’t require special laws to receive in-state tuition. So, these are adult illegal aliens who get tuition discounts to pander to one ethnic group.

It’s true a supreme court decision prohibits public schools from checking immigration status of kids from K-12, but this doesn’t extend to college. There is no right to go to college. Colleges have entrance exams and requirements.

Anybody who qualifies can attend, but we’re talking about tuition credits.

So, who is blind to the facts?

[Norm Lenhart]

Are they here legally? No? Do you choose to support illegal aliens over your fellow Americans?

No way round that little hurdle.

The first LAW they broke says if they come here without following our rules, they are here illegally. Lets address that one FIRST.

So ... why ARE you supporting illegal aliens over Americans on a Conservative website? Are you a citizen?

[Dusty Road]

I don’t care how many people you deputize you still have tremendous costs involved in holding and transportation. There 252 counties in Texas with just a few of them on the border with others hundreds of miles away. The counties, many of which share jail facilities simply cannot afford it. As for the fence just where do plan on building it, on the US side or the Mexican side or maybe in the middle of the river? For those that live along the Rio Grande that’s their only source of water for farming and livestock, you going to shut them off. How about all the non border states pony up some cash and send it down here to help us out instead of sitting up there and complain about us not doing enough. We need people on the ground and the money to fund them just to protect the 1200 miles of border we share with Mexico. Once we stop the flow then we’ll need more people and money to ferret out the remaining illegals that are already within the border. Not only can we not afford it we shouldn’t even have to deal with it that’s the Fed’s job, but we still do.

I’m all for putting troops on the border, I can’t think of a better place for our troops to train in ground and air support than our 1200 mile border. Pull the Border patrol back and let them ferret the remaining and completely get rid of ICE, they’re nothing but a waste of money.

[TexasGunRunner]

So, because the Fed is failing to do their job, we should give adult illegal aliens discounts to attend college? By extension, we should give them free housing, free medical care, free job training, free food, and all other benefits at state expense, because they are here?

I guess two wrongs make a right for you.

[USS Alaska]

Mass deportations?

Hell yes. Take the whole family and send them all back, granny, chilrun and uncle jose.

If they have to be deported, the penalty will be that they can NEVER legally return.

Start the proceedings and they will head for the border on their own.

The wetbacks will be paying the coyotes to take them south.

[Scotsman will be Free]

Boy howdy. That’d be a switch, wouldn’t it?

[Scotsman will be Free]

Boy howdy. That’d be a switch, wouldn’t it?

[Caipirabob]

Sorry, I've got:

Mitt Perry or Rick Romney told me so...

[rodguy911]

The author of this peice at Townhall makes the same ol' rino agrument that the rest have made. Short term gains only,no long term vision here. He inrers, "If we don't sell out the country and our values to appease the Mexicons we will lose every election from now on."

We have seen where Rinoism gets us and we are now at the now or never stage.

If we stand firm now, build a border fence, and send the illeagals back we can save the country. If not we will become Norte Mexico.

[Ganndy]

I didn't see anyone actually refer the the article...
I didn't see any posters here state FACTS;
They seem more intent on muddying the waters;

In short Perry knows this problem intimately. And it will be a cold day in Hades before he ever signs a federal version of the DREAM Act. He believes in fencing, technology, state's rights, and workplace incentives.

I agree with what you have posted...nobody in the GOP field -I mean nobody (I am including Palin) understands the immigration problem more than Perry.
Which is exactly why we need somebody in the race like Perry.

[casinva]

I am supporting our Constitution and our laws and not misunderstood or made-up rituals that misrepresent our country’s Constitution.

If you do not understand our federal government’s dictate for how to handle our states’ protection, immigration procedures, and deportation, then you might be enlightened to read some of my other posts in this thread. When you understand federal laws and procedures and see how they relate to our Constitution, you can begin to see how our country is SUPPOSED to operate.

My question would be, if I am not conservative because I want our federal government to protect our borders as per the Constitution, or if I am not conservative because I think our federal government should honor its responsibility to deport but also its responsibility to do so as per its Constitutional and legal mandates, then what does that make YOU who seems to me to be indicating we can make up our own Deputy-Dog rules irregardless of our Founding Father’s vision and time-honored rule of law based on our Constitution?

[Liz]

Rick Perry after the Fla debate.

"The idea that heartless Americans are gonna
vote for a great guy like me makes no sense."

[Just mythoughts]

He really has that finger pointing down to a fine art. This is the fourth photo I have seen posted here with that index finger extended.... Somebody needs to explain to him just how offensive it is to point a finger at US.

[casinva]

By extension, we should give them free housing, free medical care, free job training, free food, and all other benefits at state expense, because they are here?

Ah, come on. Really? Just because I think our federal government has not done its job protecting us... you come up with all of that stuff? How extremely odd.

I have not even said I like or do not like The Texas DREAM Act, and I have no idea where you have pulled out all the other stuff you have listed.

However, since you seem to know of all those tax payer benefits going to illegal aliens, please DO provide a link to prove those benefits are so freely flowing.

Otherwise, I'll just assume you pulled those out of your hat (or possibly some part of your body on the other side from where your hat would lie).

[Vigilanteman]

Exactly. Also, there is no thought about the consequences of illegal alien coddling:

• Less jobs for American citizens.
  
• More competition for government services, welfare, etc.
  
• More incentive for illegals to swarm over our borders, fill our schools, fill our prisons and insist that Spanish be treated equally or even superior to English.
  
• No tuition breaks for native kids from West Virginia, Montana and elsewhere. It wasn't their fault their parents didn't bring them to Texas to get in-state tuition rates either.
  
• Nobody is seriously suggesting mass deportations, they are advocating gradual reduction via attrition through enforcement. That's a far less extreme position that the Perry-Bush approach of deporting nobody and continuing to put out incentives for illegals to come, to stay and to replace our culture with their same failed culture which caused them to flee in the first place.

[Liz]

N-i-c-e deconstruction----thanks.

Here's one more example of "bighearted" Perry's suckup..... he is not only handing out in-state tuition to illegals, he put $7000.00 on their EBT cards---no questions asked.

(Snort) How easy it is to have a "heart" when you are using other people's money (tax dollars that buy votes, campaign contributions and re/election).

Americans are sick and tired of vote-crazed pols extorting tax dollars to giveaway to select voting blocs that the pols desperately needs to get re/elected.

Don't you just hate a politician with his heart in the right place?

============================================

That steady stream of illegals pouring into Texas tells me native-born Texans don't have much say in Senor Ricky's unbroken string of re/elections. Senor Ricky gets away with mucho BS in Texas. Cattle country doesn't demand veracity...or much else...from its elected officials.

Perry's been described by some Texans as a kind of a Punxsutawney Phil. When it's time for election he's out there, saying and doing all the right things. After he's elected, he kind of disappears into his stump until it's time to wake up again.When he does that disappearing act, big-hearted Rick gets down to the real business of governance----enriching himself.

As one Texas FReeper posted: "I live in Texas. Perry’s an embarrassment......an arrogant jerk who thinks the rest of us are heartless if we don’t agree with giving tax dollars to Illegals.......rather than helping actual Americans."

By calling voters "heartless," Perry personally attacked, on national television, 81% of the American people. The inference was that only Perry was Truly Worthy (b/c he had sucked up to Mexico).

========================================

Hmmmmmmmm...... conman Perry must have a real sweet deal with Mexico----in exchange for financing border-crossers with tax dollars. Betcha dollars to tacos----mucho of those EBT cardholder kickback to him, as well as being Perry voters.

Perry's tax-subsidized illegals are the voting blocs Mexico needs here to act as pressure points to tap into billions in US foreign aid.......AND "somebody" is getting a cut.