Every Child Deserves an Education

1. Every Child Deserves an Education Kristina Poirier November 2, 2007

2. Introduction The point of this Power Point Presentation is to discuss the rights of illegal immigrants and their children in our society today. I have chosen this topic because it is one that most of us do not fully understand. There are some people who are pushing for all illegal aliens to have no rights and to be sent back to their country of origin; while there are others that really do not care if they are here or there.

3. Intoduction (cont) This is an issue in our school�s today because these students rarely come to class and most of them do not have a basic knowledge of the English language. What do we, as educators, do about this? What are their rights compared to ours? These are all questions that I could not answer when I began my research and by the end I not only could answer them, but I had a better understanding of them. I hope that after you view this presentation you will have a better understanding so that we all become better educators for these children.

4. Overview There are several issues with the subject of immigration, but I have decided to focus on the what rights the children have in schools. Also, the rights that they have once they graduate and plan to attend a college or university. I will start with the following: The Dream Act (S-1291) The Student Adjustment Act (HR-1918) Proposition 187 Illegal Immigration Reform and Immigrant Responsibility Act Plyler V. Doe HR 4437

5. Overview (cont) The last thing that I will show you are some charts that show the numbers of immigrants that are legal, when they began to arrive to America, the statistics of a continued education, unauthorized adults that are less educated, and statistics about poverty amongst the children.

6. The DREAM Act (S -1291) The DREAM Act represents a bipartisan effort to provide immigration relief to undocumented young people who have spent their formative years in the United States, who have graduated from high school here, and who can demonstrate good moral character. The only crime that these children have committed is living with their parents. They have the right to pursue their own dreams and to not be punished for their parents� actions. The DREAM Act does not give them any special rights, it just helps them to become legal citizens.

7. The DREAM Act (cont) This act would create a new kind of �cancellation of removal� for which young people can apply if they meet the following requirements: Age and long-term residence High school graduation Good moral character DREAM stands for The Development, Relief and Education for Alien Minors In 2003, the revised version suggests that colleges and universities offer in-state tuition to these illegal aliens.

8. The DREAM Act (cont) In the article Out of the Shadows, it explains a little more on the DREAM Act. It says, �Every year an estimated 65,000 undocumented children graduate from public high schools in the United States. Despite having spent most of their lives, and having received most, if not all, of their education in this country, these young people are not eligible for in-state tuition for college, and worse still, there is no guarantee that they will be able to stay in the U.S. and work after graduation. The sad irony is that these students are highly assimilated and most know no other country but the U.S.�

9. The Student Adjustment Act (HR-1918) This act is connected to the DREAM Act, in that, they are both working towards in-state tuition for illegal aliens. The difference is that the Student Adjustment Act will provide relief to students who have lived a significant portion of their lives in this country, thereby allowing them to go to college and further contribute to this country.

10. The Student Adjustment Act (cont) The key provisions are as follows: Any state that provides in-state tuition or other higher educational benefits to undocumented immigrants must provide the same tuition break or benefit to out of state residents. Higher Education Benefits for Student Adjustment Act Applicants The Act ensures that students who are applying for immigration relief under the Act may obtain Pell grants and student loans on the same basis as other students while their application is being processed.

11. The Student Adjustment Act (cont) Immigration Relief for Long-term Resident Students permits junior high and high school students in the United States who have good moral character and have lived in the U.S. for at least five years to obtain immigration relief (cancellation of removal) so they can go to college and eventually become United States citizens. The Act also applies to high school graduates who are under 21 years old and actively pursuing admission to college. Only those who are already in the U.S. on the date of enactment will be able to qualify.

12. The Student Adjustment Act (cont) This act would pertain to: Under 21 years of age Have lived in the U.S. for five years or more Have displayed good moral character Are enrolled at or above the 7th grade Are actively pursuing admission or have graduated from an institution of higher learning

13. Proposition 187 In California in 1996, Proposition 187 sought to allow schools to deny public education to illegal immigrants. It also was set to deny them health care and social services. It was passed with 58.8% of the vote, but was overturned by a federal court. On October 15, between 70,000 and 250,000 people, primarily Latino, marched in downtown Los Angeles against this proposition.

14. Proposition 187 (cont) Proposition 187 included several additions to the law, falling into two categories. All law enforcement agents who suspect that a person who has been arrested is in violation of immigration laws must investigate the detainee's immigration status, and if they find evidence of illegality they must report it to the INS. Local governments are prohibited from doing anything to impair the fulfillment of this requirement.

15. Proposition 187 (cont) No one may receive public benefits until they have proven their legal right to reside in the country. If anyone applies for benefits and is suspected by government agents of being illegal, those agents must report in writing to the enforcement authorities. Emergency medical care is exempted as required by federal law but all other medical benefits have the same test as above. Primary and secondary education is explicitly included.

16. Illegal Immigration Reform and Immigrant Responsibility Act This act is connected was put into effect because of Proposition 187. These changes in immigration law occurred: A distinction was introduced for the purpose of this relief between applicants who were lawful permanent residents and those with no legal status in the United States. Renamed deportation proceedings and exclusion proceedings as "removal proceedings�.

17. Illegal Immigration Reform and Immigrant Responsibility Act Major changes to the immigration consequences of criminal cases. Mandatory detention for immigrants convicted of certain crimes. A permanent bar to permanent residence for those who falsely claimed to be U.S. citizens. Authorization for the U.S. Attorney General to hire at least 1,000 new Border Patrol agents and 300 new support personnel each year from 1997-2001.

18. The Border Protection, Anti-Terrorism, and Illegal Immigration Control Act (HR 4437) This act was passed on December 16,2005 with 92% Republicans supporting and 82% of Democrats opposing. The bill was the catalyst for the 2006 U.S. immigrant rights protests and was the first piece of legislation passed by a house of Congress in the United States immigration debate.

19. The Border Protection, Anti-Terrorism, and Illegal Immigration Control Act (HR 4437) A few of the major provisions to this act are: �Unlawful presence� would now be considered a crime and a felony, meaning that undocumented immigrants may have to serve jail time and would be barred from future legal status and from re-entry into the country. State and local law enforcement are authorized to enforce federal immigration laws.� State and local governments which refuse to participate would be subject to the loss of federal funding.

20. The Border Protection, Anti-Terrorism, and Illegal Immigration Control Act (HR 4437) Asylum seekers and refugees who are convicted of a minor offense, such as petty theft, would be barred from permanent legal residence and eventual citizenship. Nationals from countries who do not accept the return of aliens who commit crimes in this country would not be admitted to the United States.�� This would include countries such as China, Vietnam, and Cuba. The diversity visa lottery program, which allows 50,000 immigrants each year from countries around the world to permanently reside in the United States, is eliminated.

21. Plyler V. Doe A Texas statute denying free public education to illegal alien children violated the Equal Protection Clause of the Fourteenth Amendment, because denial on the basis of alienage did not further a substantial state interest. Fifth Circuit Court of Appeals affirmed. Lawyers for a group of children illegally in the state filed a class action lawsuit seeking a free public education. Lawyers for Texas school districts said that more illegal students would ruin the schools. A district court ruled in the plantiffs� favor. The ruling was appealed in 1982. This case happened in 1977.

22. Plyler V. Doe This court case is not very well known, but it has been transforming schools and communities across the nation. The court held, in a 5-4 vote, that children illegally in the United States have the same right to a free public education as American citizens. The cost of illegal immigration to Texas� public schools jumps to about $4 billion a year, when immigrant children are counted, even those who are born in the U.S. and are technically citizens. In return, their families contribute $1 billion to the state sales and property taxes.

23. Coping with Illegal Immigrants in School- Article This is an article that I found out of The Education Digest and I felt like I needed to share it with you. I will give you a brief summary and then a link so that you can read the entire article. This article is about the raids that happened on December 12. They have teachers give details on how they felt and their students, that were illegal, felt. These students were stressed because they thought that they would have nobody to go home to. Teachers were ready to take some home with them until the mess was straightened out. One child got home and asked her mother, �Mommy, do you have papers?�, that breaks my heart. To read more go to http://vnweb.hwwilsonweb.com

24. Legal Status of Immigrants

25. Unauthorized Youth Less Likely to Continue Education

26. Unauthorized Adults Are Much Less Educated than Others

27. Unauthorized Adults Are Much Less Educated than Others (cont)

28. Web Information www.nilc.org National Immigration Law Center This website provides information on all of the laws that have been passed to help immigrants, legal or illegal. I recommend this website for students, parents, and teachers doing research on this subject.

29. Web Information http://en.wikipedia.org Wikipedia This is a website that has information on over 7 million topics, if you need the information, this site has it. I recommend this website for everybody, but be careful I have been told that some of the �facts� are not true, so always have another source when using this site.

30. Web Information www.pewhispanic.org Pew Hispanic Center This website has every statistic that you could want when it deals with Hispanics and immigrants. This is where I got all of my chart information. I would recommend this website for any person that is doing in depth research on immigration.

31. Web Information www.npa-us.org National People�s Action This website contains fact sheets on certain laws and acts that have been passed regarding illegal immigration. I would recommend this website, again, for anyone who wants in depth research on this topic.

32. Web Information www.justiceforimmigrants.org Justice For Immigrants This website is dedicated to letting the public become aware of what is happening to illegal immigrants and how it is unfair. I would recommend this website to teachers and parents, so that they can learn more about why the laws that we have are being passed for illegal immigrants.

33. Web Information http://ednews.org The Internet�s #1 Source for Education News and Information This website contains information that is more the facts on what is going on and the pros and cons. I would recommend this website to teachers because it lets you know why, for example, the Plyler V. Doe case was won. It gives you both sides of the situation.

34. Web Information http://immigration.about.com About.com: Immigration Issues This website has every issue that is being debated right now and in the past. It gives you the people�s opinions along with facts to back them up. I would recommend this website to teachers, students, parents, and anyone who wants to be able to have a debate.

35. Resources Hardy, Lawrence. (2007). Coping with Illegal Immigrants in School. The Education Digest. 72 no9, 4-6. This article was about the December 12 raids to deport illegal immigrants. It is the teachers and the students reaction to that day. This article is great for teachers to read because it shows how even though these students are illegal, they have feelings too.

36. Resources Del Conte, Natali T. (2006). Out of the Shadows. Hispanic. Vol 19, Iss. 3; pg. 60-62. This article is about undocumented children who graduate from public high schools in the U.S. and that they are not eligible for in-state tuition for college. Then the DREAM Act is passed, which is what this article talks about. This article would be great for teachers and students who want to learn more about the DREAM Act and how it affects immigrants and citizens.

37. Conclusion I have learned so much as I did my research for this project. I hope that as you read the information on the different acts and laws that have been passed in favor of illegal immigrants you remember that it is not the child�s fault. They had no choice when their parent�s brought them over here, so therefore, they should have a chance at an education. They should also have a chance for a higher education, it is only fair.

38. References www.nilc.org http://en.wikipedia.org www.pewhispanic.org www.npa-us.org http://ednews.org http://immigration.about.com www.justiceforimmigrants.org ProQuest