{"id":17200,"date":"2018-06-05T13:21:17","date_gmt":"2018-06-05T17:21:17","guid":{"rendered":"http:\/\/live-immigrationreform.pantheonsite.io\/?p=17200"},"modified":"2018-12-28T10:24:24","modified_gmt":"2018-12-28T15:24:24","slug":"betsy-devos-is-right-schools-can-report-illegal-alien-students","status":"publish","type":"post","link":"https:\/\/www.immigrationreform.com\/2018\/06\/05\/betsy-devos-is-right-schools-can-report-illegal-alien-students\/","title":{"rendered":"Betsy DeVos Is Right: Schools Can Report Illegal Alien Students"},"content":{"rendered":"

Education Secretary Betsy DeVos set off a firestorm in her recent testimony before the House Education and the Workforce Committee.\u00a0 Her supposedly unpardonable offense?\u00a0 Saying that individual schools can decide whether to report illegal alien students to Immigration and Customs Enforcement (ICE).\u00a0 From the reaction that common-sense statement stirred up, you might think she was not only incorrect but some kind of monster.\u00a0 But she\u2019s absolutely right, although perhaps she might not even have gone far enough.<\/p>\n

She didn\u2019t say they should, let alone that they have to.\u00a0 She simply said<\/a>, \u201c[t]hat\u2019s a school decision.\u00a0 It\u2019s a local community decision.\u201d\u00a0 And within an instant, the illegal-alien lobby pounced on her.<\/p>\n

They insisted she was just so obviously factually wrong<\/a>, and of course, that to even say such a thing was so fiendishly wicked that she should resign immediately<\/a>.\u00a0 The ACLU\u2019s Lorella Praeli sweepingly proclaimed that<\/a> \u201c[a]ny school that reports a child to ICE would violate the Constitution\u201d while Congressman Raul Grijalva (D-Arizona) ranted she was using children as \u201ccannon fodder.\u201d<\/p>\n

Except despite their utterly predictable rhetoric of moral outrage, it\u2019s they, not she, who are just plain wrong about the actual law on the subject.<\/p>\n

In 1982, the U.S. Supreme Court in Plyler v. Doe<\/em><\/a> held (in a 5-4 opinion by arch-liberal Justice William Brennan) that the State of Texas couldn\u2019t withhold funds to local school districts to keep illegal aliens from enrolling as students at its K-12 schools.\u00a0 The Court\u2019s reasoning was that denying illegal alien students a benefit (free public education) that Texas provided to the rest of the public violated the Equal Protection Clause of the 14th Amendment, because the state hadn\u2019t proven \u201cit further[ed]some substantial state interest.\u201d\u00a0 They left the door open to the possibility that such interests could be proven in future cases.<\/p>\n

But the Supreme Court never said school officials couldn\u2019t report illegal aliens, students or otherwise, to immigration authorities.\u00a0 That simply wasn\u2019t what the case was about: indeed, the Court quite frequently noted that the students were still illegal aliens who are subject to potential deportation.\u00a0 Reporting an illegal alien student to ICE doesn\u2019t deny them a \u201cbenefit\u201d any more than does reporting a student who commits a crime to the local police.<\/p>\n

In their animosity toward Secretary DeVos and toward the Trump administration\u2019s commitment to enforcing our immigration laws, opponents have turned the Plyler<\/em> case into a totem, standing not for what it actually held, but for the broader and absurd idea that public schools are \u201cimmigration safe zones\u201d and thus that illegal aliens who happen to be students are untouchable.<\/p>\n

Betsy DeVos was right, and she should be commended for her honesty and courage.\u00a0 Schools absolutely can report illegal alien students to ICE.