Want to Thwart Amnesty? Overturn Judicial Rulings That Force Taxpayers to “Educate” Illegals
February 24, 2015, 03:00 PM
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Not content with awarding illegals benefits denied to Americans, the Obama Administration is moving to guarantee a “right” to public schools for the tens of thousands of Third Worlders it has imported. The legal justification for its action, much like that of Obama’s Amnesty by Executive Order, doesn’t exist. But that isn’t stopping the unpatriotic President from going forward nor is it motivating the Republican Party to do anything about it.

Back in 2014, the federal government contemptuously reminded American school districts that they weren’t allowed to exclude the Central Americans hordes it had invited into the country [Feds: Schools can’t shut out undocumented immigrants, by Caitlin Emma, Politico, May 8, 2014]  This “guidance” from the feds was based on the court ruling Plyler vs. Doe. According to a “Dear Colleague” letter issued by the Administration in 2011:

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.

[Joint "Dear Colleague" Letter, U.S. Department of Justice, Civil Rights Division, May 6, 2011]

The problem is that this isn’t true. As Attorney William Pendell Perry noted,
“Plyler: (1) does not apply to secondary and post-secondary education; (2) did not hold that public education is a right; (3) did not confer legal status on illegal alien children; (4) does not prevent an illegal alien from being arrested and deported; and (5) does not prevent a school from inquiring as to the legal status of and reporting illegal aliens”

[Sorry, Liberals, Plyler Doesn’t Mean Free Education for All Illegal Immigrants, The Daily Caller, August 1, 2014].

VDARE.com has proposed a law excluding illegal aliens from the 14th Amendment’s Equal Protection Clause. Absent such explicit statutory instructions, it seems likely that politically motivated courts will simply continue to mandate that the historic American nation be responsible for educating illegals regardless of their alien status.

For example, the notorious Ninth Circuit Court of Appeals ruled in Sagana v. Tenorio (2004): "[A] person cannot face disadvantage in [protected] activities ... solely because of his or her alien status."  Critically, the court went so far as to say that “aliens who are in the jurisdiction of the United States under any status, even as illegal entrants or under a legal fiction, are entitled to the protections of the Fourteenth Amendment.” (Emphasis added.)

In other words, the Ninth Circuit affirmed that no matter how many laws aliens break, they are still entitled to receive the constitutional rights of Americans.

Another case that got us where we are today was Lau v. Nichols in 1974, which interpreted Title VI of the 1964 Civil Rights Act to mean that education must be provided in an alien’s native language. The Supreme Court ruled—you guessed it—that the “unequal education opportunities” violated the Fourteenth Amendment. Leftist Justice William O. Douglas reasoned that requiring Chinese children to learn English is a horrible burden:

“Basic English skills are at the very core of what these public schools teach. Imposition of a requirement that, before a child can effectively participate in the educational program, he must already have acquired those basic skills is to make a mockery of public education.”

Thus, requiring all students to speak and write English proficiently is discriminatory because foreign students haven’t yet learned to speak English.

Well, yes, but isn’t having them learn it the point?

What’s more, as author Phyllis Schafly notes in her book The Supremacists: The Tyranny of Judges and How to Stop It, the ruling created a private right to action regarding bilingual education, so any sufficiently aggrieved foreigner or Leftist agitator group can sue school districts for alleged non-compliance faster than you can say Hola!

The practical result of all this: the seemingly planned destruction of American public schools under the Obama Administration. Surging rates of illegal immigration under the Obama administration continue to deprive American children of better educations as more and more resources are siphoned off to pay for Limited English Proficiency programs.

Want to take an advanced physics class or learn to play an instrument? Too bad. The school district needs those funds to babysit indigenous aliens from Latin American mountain tribes who speak a Mayan language called Q’anjob’al.

Under Lau, school districts must provide translators for every kind of primitive tribal language—and eat the cost [Minors Fleeing Central America Face Shaky Transition into U.S. Schools, by Nona Willis Aronowitz, NBC News, September 15, 2014].

American children are also exposed wonderfully diverse and exotic diseases. As Border Patrol agent Chris Cabrera said during the “refugee” crisis: “We are sending people everywhere. The average person doesn't know what's going on down here.”

Border Patrol agent Chris Cabrera told ABC15, adding that the contagious aliens were cordoned off with mere caution tape [Undocumented Immigrants Bringing Diseases Across Border?, by Navideh Forghani, ABC15, June 6, 2014].

In an exhaustive article, Daily Caller reporter Neil Munro documented the spread of the EV-D68 enterovirus epidemic, which killed and paralyzed children across the country. He determined that the disease was likely fuelled by the similarly insidious spread of Central American alien minors flown around the country by the Obama administration. The CDC claimed, “There is no evidence that unaccompanied children brought EV-D68 to the United States; we are not aware of any of these children testing positive for the virus.” However, as the border-jumpers were not screened before being packed off to school, these words were meaningless [Obama’s Border Policy Fueled Epidemic, Evidence Shows, The Daily Caller, October 31, 2014].

But all of this makes sense if you accept the explicit premise that American public schools belong to the world—not to Americans. “It is incumbent on us to educate their next generation,” purrs bilingual instructor Mary A. Stewart. “They are an intricate part of the next generation of our society. Perhaps we should view them as our children” [Opinion: How About Landmark Immigration Case 'Plyler V. Doe' Becomes 'Plyler And Doe'?, Fox News Latino, August 26, 2014. Emphasis added.]

Immigration patriots desperately need to reframe the education debate. They must make the case that sacrificing our own children to the god of “non-discrimination,” is not just mistaken, it is sick.

To stop this madness, the GOP Congress needs to explicitly move to strip illegal immigrants from being covered by the Fourteenth Amendment.

Needless to say, this also means confronting the issue of birthright citizenship, something so obviously necessary that even Rand Paul supported it when he first entered the Senate.

More than that, Congress needs to strip the Supreme Court of jurisdiction over these kinds of cases. If that proves impossible, Congress needs to finally deploy judicial impeachment, a perfectly appropriate legislative tool that is deployed far too rarely.

These solutions may sound radical but are simply common sense. A government that forcibly seizes the resources meant for our children to waste them on another people is not misguided but monstrous.

We are under occupation. And reclaiming our schools for our own children is the first step to ensuring that we have anything to pass onto them, including our country itself.

Margaret H. Roberts [email] lives in Flyover Country alongside buried bars of silver and John Deere tractors.