Arizona Lawmakers Try to Ban Undocumented Children from Public Schools

Arizona lawmakers are considering two bills that would block undocumented immigrants’ access to education to an even greater degree than current state law.

SB 1611 — sponsored by state Senate President Russell Pearce (R) — bans undocumented students from enrolling in Kindergarten through 12^th grade and attending community college. It also requires schools to notify law enforcement agencies if parents are unable to submit proof that their child is a citizen or legal resident. The other bill, SB 1407, requires schools to submit data on the number of enrolled undocumented and authorized immigrants alike, under threat of funding loss.

Given the state legislature’s persistently anti-immigrant stance on public education, these new laws are plainly part of a larger strategy. The state was the first to pass a law prohibiting students from receiving public funding for education, including merit-based scholarships, and last year welcomed two new laws banning ethnic studies and equal opportunity programs. The measures being considered now would work in tandem with those other laws to categorically deprive undocumented students of an education, while subjecting even authorized immigrants to greater scrutiny than before.

Challenging Plyler v. Doe

New America Media’s Valeria Fernandez reports that the proposed measures are an attempt on the part of lawmakers to spur a challenge to the Supreme Court’s 1982 decision in Plyler v. Doe. The landmark ruling determined that children, regardless of citizenship, have a constitutionally guaranteed right to public education.

Anti-immigrant politicos have long taken issue with the decision, arguing that the public education of undocumented immigrants is an undue economic burden to the state. But many educators take the opposing view. As one Phoenix high school principal told New America Media, such hostile measures have already cost him 100 students, which means fewer financial resources for the school as funding is determined by the number of students enrolled. Other critics contend that failing to educate these students “would create an underclass and harm the state’s long-term interests.”

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Public Education Undermined by Older, White Electorate

But, as Harold Meyerson notes at The American Prospect, the unfortunate fate of Arizona’s immigrant population is compounded by the fact that, while only 42 percent of Arizonans under 18 are white, 83 percent of Arizonans over 65 are white. As he states, the educational opportunities of a rapidly growing population of racially diverse youth are being determined — or undermined — by a class of much older, white Americans.

As racial demographics across the United States are shifting in much the same way as in Arizona, the political power dynamic could change accordingly. But until then, state lawmakers in Arizona are taking drastic measures to ensure that the state’s growing majority of Latinos — and especially immigrants — are deprived of the educational opportunities that would enable them eventually to shift the political status quo.

Labor Groups Jump Into the Fray

Perhaps that’s why organizations representing sectors besides education are now getting behind educational equality measures. As Seth Sandronsky reports for Working In These Times, prominent labor organizations including the AFL-CIO and the southern Arizona-based Pima Area Labor Federation (PALF) have recently announced their opposition to Arizona’s ethnic studies ban, and their support of the Tucson Unified School District’s Mexican American Studies program, which is allegedly in violation of the ban.

In an interview with Sandronsky, Rebekah Friend, the secretary-treasurer for the Arizona AFL-CIO, illuminates the links between educational equality, labor rights and civil society:

HB 2281 (the ethnic studies ban) in Arizona is part of a bigger, repressive attempt nationwide to control parts of the population, from women’s health care to workers’ and immigrants’ rights. … It’s a mindset to cleanse out ethnic studies, unions, and all social spending generally that we in unions and others have fought for, like the eight-hour working day, child labor laws and social security, and won.

California and Connecticut to Pass Their Own DREAM ACT?

Meanwhile, as Arizona youth and their allies continue the fight for education, two other states are pushing the envelope on educational equality for undocumented students. Connecticut and California have both considered passing their own versions of the DREAM ACT. While the original DREAM ACT, which died in the Senate last November, would have created a path to legalization for certain undocumented youth who committed to attending college, these new bills are less sweeping, if similarly progressive, in scope.

Melinda Tuhus of the Public News Service reports that Connecticut’s DREAM ACT “would allow undocumented high school graduates to pay in-state tuition at Connecticut’s public colleges, if they graduate after four years of high school.” And in California, the legislature’s Higher Education committee has already moved forward with its own mini DREAM ACT, which “would allow undocumented immigrants who graduate from a California high school to qualify for college scholarships and financial aid,” according to New America Media/La Opinion.

The measure builds on a California Supreme Court ruling last November, which upheld the state’s decision to allow undocumented students to pay in-state tuition at public colleges. Both states’ measures run counter to the growing national trend of denying in-state benefits and public funding to undocumented students — a retrogressive movement that began with the passage of Arizona’s pernicious 2005 law, Prop 300.

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