Saturday, May 7, 2011

More Lawlessness From The Department Of Justice

The lawlessness of the Department of Justice and the Attorney General Eric Holder know no end. Riding on the heels of Holder's attempt to sabotage the prohibition of immigration based on homosexual marriage, the DOJ Civil Rights Division leader, a well known Mexican, Thomas Perez, issued a letter to all school districts in the United States demanding that said school districts stop requesting immigration documents from school enrollees.

In the usual style of the thuggish, the DOJ starts with a kernel of truth, States must provide equal access to schooling to residents.

Under Federal law, State and local educational agencies (hereinafter “districts”) are required to provide all children with equal access to public education at the elementary and secondary level. Recently, we have become aware of student enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’ actual or perceived citizenship or immigration status. These practices contravene Federal law. Both the United States Department of Justice and the United States Department of Education (Departments) write to remind you of the Federal obligation to provide equal educational opportunities to all children residing within your district and to offer our assistance in ensuring that you comply with the law.

True enough. But then it goes on to claim that Federal law protects illegal aliens and requires that those illegal aliens be not just provided with schooling, but nothing be done that may discourage their participation:

The Departments enforce numerous statutes that prohibit discrimination, includeg Titles IV and VI of the Civil Rights Act of 1964. Title IV prohibits discrimination on the basis of race, color, or national origin, among other factors, by public elementary and secondary schools. 42 U.S.C. § 2000c-6. Title VI prohibits discrimination by recipients of Federal financial assistance on the basis of race, color, or national origin. 42 U.S.C. § 2000d. Title VI regulations, moreover, prohibit districts from unjustifiably utilizing criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of a program for individuals of a particular race, color, or national origin. See 28 C.F.R. § 42.104(b)(2) and 34 C.F.R. § 100.3(b)(2).

In fact, nothing cited by the DOJ letter has anything at all to do with alienage and the authority of those aliens unlawfully present to obtain public benefits. The laws and regulations cited have to do with prohibiting discrimination based on race, sex, national origin, or previous condition of servitude.

The DOJ letter further claims that the Supreme Court decision, Plyler v. Doe, further protects illegal aliens from being questioned about their status.

Additionally, the United States Supreme Court held in the case of Plyler v. Doe, 457 U.S. 202 (1982), that a State may not deny access to a basic public education to any child residing in the State, whether present in the United States legally or otherwise. Denying “innocent children” access to a public education, the Court explained, “imposes a lifetime hardship on a discrete class of children not accountable for their disabling status. . . . By denying these children a basic education, we deny them the ability to live within the structure of our civic institutions, and foreclose any realistic possibility that they will contribute in even the smallest way to the progress of our Nation.” Plyler, 457 U.S. at 223. As Plyler makes clear, the undocumented or non-citizen status of a student (or his or her parent or guardian) is irrelevant to that student’s entitlement to an elementary and secondary public education.

There, is, in fact, nothing in Plyler that prohibits school districts from gathering information about their students' alienage and authorization to remain in the United States. What Holder and Perez are concerned about it that information gathered by States about the problem of illegal immigration and the impact on schools will enter into the current debate about immigration, to the detriment of illegal aliens and the Democrat Party.

The Plyler ruling applies only to elementary education, not to secondary and post-secondary education. It does not hold that public education is a right. Nor does it confer legal status on illegal immigrant children or prevent them from being arrested and deported. Finally, it does not prevent a school from inquiring as to the legal status of students enrolled in school.

Further more, the letter itself is shameless in that the Attorney General is failing to enforce Federal law that prohibits certain classes of aliens from enrolling in public schools. Federal law prohibits all aliens other than legal permanent residents, refugees, asylees, and aliens lawfully admitted and present who are in certain non-immigrant visas as dependents of aliens authorized employment; such as visa classifications L-2, dependents of visa classification L-1, and visa classification H-4, dependents of visa classification H-1 and associated variants of H-1. Other than those classifications, such aliens are not only generally prohibited from enrolling in schools, primary, secondary, and post-secondary, but aliens in the J-1 visa classificaiton are required to reimburse the school district for the complete cost of the education benefits received. It is clear that the DOJ has not only misinterpreted Plyler, but also misinterpreted various civil rights statutes; confusing the definition of national origin with alienage. Alienage is not protected, as it refers to status in the United States. Illegal aliens may be discriminated against; they are in fact required to be arrested and removed. In fact all aliens seeking enrollment at a school in the U.S. are required to have a visa in the F-1 classification. And the U.S. government does not issue F-1 visas to attend public primary and secondary schools.

Federal law in fact requires discrimination based on alienage, including legal aliens, in many areas of law and permits it in many other areas. Aliens may not be Federal employees, States may prohibit their employees from being aliens, aliens are prohibited from serving as commissioned officers in the armed forces, aliens may not serve as constitutional officers of a State, etc.

But the essence of the letter is that rather than enforcing laws against illegal immigration, the DOJ is seeking to aid, abet and protect illegal aliens as part of the Obama Regime Administrative Amnesty. From unconstitutionally assisting in illegal immigration by homosexual marriage to refusing to enforce duly enacted Federal laws regarding the arrest and removal of illegal aliens.

This overreach by the Obama Regime and the racists like Holder and Perez who are acting outside the law and Constitution show how desparate they are on the illegal alien issue. But I am certain that Lindsey Grahamnesty will come to their aid. Furthermore, Holder and Perez are acting in furtherence of a crime and are aiding and abetting a crime, impeachable offenses.

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