A Legally Trained Reader Suggests Charges Could Be Laid Against Illegal School-Users—And Their Parents
January 03, 2008, 04:00 AM
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01/02/08 - Illegals and Asbestos

From: William E. Garland (e-mail him)

Re: James Fulford's Blog Illegal Aliens Commuting To American Schools

Children illegally attending the schools may be charged as juvenile delinquents for participating in a knowing, repeated theft of services from the school district.

A separate charge can be made for each day during or on which services are taken. If the parents come to the US (as for conferences at the school) they may be charged with conspiracy to steal services, aiding and abetting the theft and contributing to the delinquency of their minor children.

An appropriate sentence upon conviction would be restitution to the school district of the cost of the education. In this instance it makes no difference that the children may be US citizens by birth, for the right to attend the public school depends not on citizenship but on residence in the school district.

Garland has been a full-time Seton Hall Law School professor since 1976. He resides in what he likes to describe as "the Peoples' Republic of New Jersey." See his earlier letter here.