Old Man
02-16-2005, 04:53 PM
We have been discussing the politicians that are not moving on illegal immigration and the related problems.
Could this be part of the reason. They are afraid they will just be shot down by the Supreme Court?
<table border="0" align="center" width="95%" cellpadding="0" cellspacing="0"><tr class="standard"><td>Quote </td></tr><tr class="standard"><td class="QUOTE">Lau vs. Nichols 1973, 414 U.S. 563, 94 S.Ct. 786 (1974)
In Lau vs. Nichols 1973, the U.S. Supreme Court ruled that the San Francisco school system violated the Civil Rights Act of 1964 by denying non-English speaking students of Chinese ancestry a meaningful opportunity to participate in the public educational program
snip
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
:
o Barring access to a student on the basis of legal status or alleged legal status.
o Treating students disparately for residency determination purposes on the basis of their undocumented status.
o Inquiring about a student's immigration status, including requiring documentation of a student's legal status at initial registration or at any other time.
o Making inquiries from a student or his/her parents which may expose their legal status.
[/QUOTE]Guiding Federal Court Cases on Equal Educational Opportunity (http://www.helpforschools.c om/ELLKBase/legal/Court_Cases_Federal_ Equa_Educ_Opp.shtml)
This case was from 1974. Whether or not it is still in affect, I don't know. I bring this up simply because we do have a Supreme Court that seems willing to "legislate" and sometime overrule with their "legislation" real legislation.
How much of a problem is the Supreme Court in tackling the problem of illegal immigration? Do they have the same rights once they get here in their opinion?
Could this be part of the reason. They are afraid they will just be shot down by the Supreme Court?
<table border="0" align="center" width="95%" cellpadding="0" cellspacing="0"><tr class="standard"><td>Quote </td></tr><tr class="standard"><td class="QUOTE">Lau vs. Nichols 1973, 414 U.S. 563, 94 S.Ct. 786 (1974)
In Lau vs. Nichols 1973, the U.S. Supreme Court ruled that the San Francisco school system violated the Civil Rights Act of 1964 by denying non-English speaking students of Chinese ancestry a meaningful opportunity to participate in the public educational program
snip
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
:
o Barring access to a student on the basis of legal status or alleged legal status.
o Treating students disparately for residency determination purposes on the basis of their undocumented status.
o Inquiring about a student's immigration status, including requiring documentation of a student's legal status at initial registration or at any other time.
o Making inquiries from a student or his/her parents which may expose their legal status.
[/QUOTE]Guiding Federal Court Cases on Equal Educational Opportunity (http://www.helpforschools.c om/ELLKBase/legal/Court_Cases_Federal_ Equa_Educ_Opp.shtml)
This case was from 1974. Whether or not it is still in affect, I don't know. I bring this up simply because we do have a Supreme Court that seems willing to "legislate" and sometime overrule with their "legislation" real legislation.
How much of a problem is the Supreme Court in tackling the problem of illegal immigration? Do they have the same rights once they get here in their opinion?