slummymummy

1. Some people might feel bad for those (innocent) kids?

2. Those kids might turn to crime etc if they have nothing to do all day?

3. It's better to have educated illegal immigrants than uneducated ones?

I made these points up but there must be some thinking behind why schools are not supposed to ask for immigration status.

scrubbedexpat099

None of those issues are relevant to checking status.

It arose from Feds interfering in State issues. There is no logic.

MsElui

we were asked for nationality and languages etc- but nothing ever about status - and i've 1 in KG and another in 3rd in Ohio.

Giantaxe

I'll take the 11th circuit's opinion on this over your's any day.

scrubbedexpat099

There are many ways the Feds control local issues. The cynical may see it that local politicians prefer to get the Feds to raise taxes which they then 'give' back to the State with of course conditions.

When I came over I would hear all the time how wonderful the US system was. Now, well no.

I have heard far too many nasty stories about the legal system, there seems to have been a major disconnect between what is right and what is legal.

Steve_

They're not allowed to deny education because of Plyler v. Doe however USCIS does set requirements for aliens who want to attend public school in the US. It's also not clear that it's illegal to ask about their status, which is why Alabama enacted a law requiring schools to ask.

An alien who wants to attend public school in the US has to go to a school that is registered with SEVIS and is only allowed to attend for up to one year of high school, according to ICE. Pretty much unenforceable though, I would think. This comes up quite often with Canadians and Mexicans.

Also one of the reasons that F-3 status was invented a few years ago, for students resident in Canada and Mexico, although that's mainly for college students.

Giantaxe

Unless Alabama appeals the 11th circuit's decision to the Supreme Court, the Supreme Court agrees to hear it and then subsequently rules in favour of the Alabama law, then it's very clear it's illegal. I haven't seen anything to suggest that Alabama will appeal.

Pulaski

They can ask, but they likely can't force you to answer, like the law requiring employers to report their employees' ethnicity for federal monitoring purposes. The law requires employers to ask each employee what their ethnicity is, but (i) cannot force the employee to answer, nor (ii) can they challenge an obviously wrong response.

slummymummy

Just a quick update on this... I called the local school today to find out when we should register. Registration has not started yet! It starts from May 7 when the Kindergarten Roundup (tour etc) is. The lady on the phone told me we need proof of address, birth cert or passport, and the vaccination and doctors forms. No mention of immigration status so far! Even though they might try to catch us out by mentioning passport? I will bring the UK birth cert but also have her US passport in my back pocket if needed...

Mummy in the foothills

Well that was handy you haven't missed anything.
Ours starts early as we are out for summer June 12th this year. and only get 6 weeks off, so back in July.

Bob

That was me, in my town. They didn't directly ask to see immigration status, but as this is kindergarten, if you want to get in free, on the town, you have to prove your status as well being a resident of the town.

You are free to attend without showing anything but town residence, but you'd have to pay.

Other wise, half day is free and it's $4K to go full day. No idea what they would charge if you didn't show status though.

I've also no idea about proper school. Thing is, there are plenty of private kindergartens in town as well.

Bob

Asking about birthcert/passport is their way of getting out of asking your immigration status.

The way it was worded for us was, looking for proof that the child was ours/under our guardianship and who we said the child was.

It then said if no US passport of birthcert was available, they would accept a list that included, which went on to list all the visas, excluding B1/2 and VWP stating that it had to be US issued ID for verification purposes as they couldn't verify a foreign passport/birth cert.

So they don't ask you directly, but they want to know you're legal, for the town to pay kindergarten, as there aren't many spots available.

Lion in Winter

Eh?

All children have to attend school. Period. That is right, legal, and compulsory, as far as I know. It's what public schools do.

Surely nobody has any other experience?

WEBlue

Kindergarten (as Bob spoke about above) is not compulsary in all states...or does it vary by municipality? So in those areas without compulsary kindergarten, perhaps the school can exercise discretion as far as enrollment goes?

Bob

Well they're not being denied access. They're just being priced out of it. In my town at least.

Then again, there aren't many all day spots available anyway and even fewer spots that get paid for for low income families.