ACLU Suit: Schools Can’t Ask Illegal Alien Parents for ID

In 1983 the U.S. Department of Education published a report entitled A Nation at Risk, detailing what it described as an epidemic of mediocre performance by American public schools. The report stated, “If an unfriendly foreign power had attempted to impose on America the mediocre educational performance that exists today, we might well have viewed it as an act of war.”

The authors of A Nation at Risk could not have known it but the combined effect of Supreme Court’s decision in Plyler v. Doe and the 1986 amnesty would result in a large influx of foreign students in America’s public schools. Plyler v. Doe held that illegal alien children have a constitutional right to a free public education. The amnesty, and the lax enforcement accompanying it, attracted millions of illegal aliens to the United States. And those aliens promptly asserted that right, placing their children into public schools.

While the ongoing crisis in American public education can’t be blamed entirely on illegal alien children they are a significant exacerbating factor.  In a 2012 Salon article, Michael Lind of the New America think tank noted that American schools are overwhelmed by a “disproportionately unskilled and illiterate foreign-born population.” FAIR estimates that it currently costs public schools $59.8 billion to educate this burgeoning demographic.

Now, the American Civil Liberties Union (ACLU) of New Jersey is suing five public school systems because they require parents enrolling their children to present a picture ID. New Jersey does not issue state ID cards or drivers’ licenses to illegal aliens. The ACLU considers this a discriminatory barrier to registering illegal alien children for school. And it may very well win those law suits, based on Plyler v. Doe.

Meanwhile, U.S. employers insist that they need to recruit foreign science, technology, engineering and math professionals because U.S. schools aren’t turning out suitable candidates. The business community clamors on behalf of foreign workers. The ACLU champions illegal alien school children. But who is defending the rights of American kids? In this situation, it seems like the real victims of discrimination are native-born American school children.

Matt O'Brien: Matthew J. O’Brien joined the Federation for American Immigration Reform (FAIR) in 2016. Matt is responsible for managing FAIR’s research activities. He also writes content for FAIR’s website and publications. Over the past twenty years he has held a wide variety of positions focusing on immigration issues, both in government and in the private sector. Immediately prior to joining FAIR Matt served as the Chief of the National Security Division (NSD) within the Fraud Detection and National Security Directorate (FDNS) at U.S. Citizenship and Immigration Services (USCIS), where he was responsible for formulating and implementing procedures to protect the legal immigration system from terrorists, foreign intelligence operatives, and other national security threats. He has also held positions as the Chief of the FDNS Policy and Program Development Unit, as the Chief of the FDNS EB-5 Division, as Assistant Chief Counsel with U.S. Immigration & Customs Enforcement, as a Senior Advisor to the Citizenship and Immigration Services Ombudsman, and as a District Adjudications Officer with the legacy Immigration & Naturalization Service. In addition, Matt has extensive experience as a private bar attorney. He holds a Bachelor of Arts in French from the Johns Hopkins University and a Juris Doctor from the University of Maine School of Law.