More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Azadeh Shahshahani

Azadeh Shahshahani

Posted: May 26, 2010 11:51 PM

Jessica Colotl, the 21-year-old exemplary Kennesaw State college student who fell victim to the Cobb sheriff's abuse of the 287(g) power, which delegates some federal immigration enforcement authority to certain state and local agencies, is out on bond and hopes to restart her education soon.

The Cobb County Sheriff's Office's diversion of precious resources meant for securing public safety is case in point for why the unaccountable enforcement of immigration laws by local police in Cobb County and elsewhere in Georgia needs to end immediately.

As if this case was not proof enough about the perils of local enforcement of immigration laws, some are now calling for universities to also enter the dangerous terrain of acting as immigration police.

Undocumented college students are by and large talented high achievers who arrived in the U.S. as children because of the choices their parents made. They grew up in this country and persevered against the odds to graduate from high school and secure admission to Georgia colleges.

Our common interest in providing educational access for undocumented young people was recognized by the U.S. Supreme Court. In the 1982 landmark case of Plyler v. Doe, the Court held that undocumented students have a fundamental right to basic public education as a matter of due process and equal protection.

The court observed that denying undocumented children access to k-12 primary education "raises the specter of a permanent caste of undocumented resident aliens, encouraged by some to remain here as a source of cheap labor, but nevertheless denied the benefits that our society makes available to citizens and lawful residents." This rationale applies with equal force to higher education, increasingly essential to an individual's potential and opportunity.

Denying higher education access to Georgia's undocumented students would mean failing to capitalize on the state's investment in their k-12 education.

And denying these students access to affordable college education is short-sighted because they are likely to remain in Georgia and may well regularize their immigration status under current or future federal laws. Many of those students may one day be legal residents and citizens.

Facilitating educational access to students also promotes economic growth. College graduates who are likely to remain in Georgia earn higher wages and therefore generate significantly more in income, sales and property taxes. Their increased earning power and disposable income stimulates growth in Georgia's economy. A better educated population also increases competitiveness in the global economy.

Allowing educational access to undocumented students is a legitimate policy choice by the state and permissible under federal law.

When the North Carolina attorney general advised the state's community colleges that federal law required them to verify the immigration status of enrolled students, the federal Department of Homeland Security clarified in a letter that federal law did not in fact impose such a requirement. Community colleges in North Carolina have since backed off on a policy to bar undocumented students.

Jessica Colotl's attorney described her as "an American in her heart because she believes in the values of this country." Jessica and the thousands of undocumented youngsters in their situation who have grown up here are American.

Denying them further educational access flies in the face of the values of fundamental fairness shared by all Americans and makes no economic sense.

Azadeh N. Shahshahani is national security/immigrants' rights project director at the American Civil Liberties Union of Georgia.

 
 
 
  • Comments
  • 7
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Recency  | 
Popularity
05:57 PM on 06/07/2010
I guess the ACLU does NOT believe in following the laws if they disagree with them. In that case, the schools that deny illegals children admission to education are within THEIR RIGHTS TOO! The womans parents violated the law, and then when she turned 18 SHE decided to violate the law too. But that is OK according to the ACLU.

She was stopped when she was driving and had NO license at all. She then LIED to the police which is ALSO a felony, and told them she had a Mexican license but not on her. The cop let her go and told her to bring the license to the station in the morning. She reported to the station and lied some more saying she lost it. At that point the cops got a little tired of being made fools of and checked her out. Turns out she was an illegal too. So how many lies, crimes, and other violations does an illegal get to commit before they are finally held to account?

Given her contempt for the law and the contempt the ACLU has for it, she will make a great lawyer since she has lying down pat. She is a criminal who will get her day in court I hope and get tossed. I never knew that colleges and law schools were so short of students. ACLU does not mind that she steals places from other Americans who DO have a right to those places.
01:08 PM on 05/28/2010
One of my roommates in college was from Chile. She was able to study in US as a foreign student. That's what Miss Colotl should have done.
09:55 AM on 05/27/2010
What needs to happen is REAL reform, starting with corporations. Reform isn't a knee-jerk reaction to people coming here, or enforcement. REAL reform starts with controlling the money.

Instead of outsourcing jobs (less money stays within the US), hiring undocumented / illegal workers (less money stays within the US, less is paid to workers that do), and providing incentives for small/medium business that operate and are HQ'ed within the US borders.


I say: look to Germany for it's model. We "punished" Germany after WWII by limiting their corporations and military. And they have one of the strongest economies around now. They developed their small and medium business, and kept out large corporations. They encouraged local labor.
photo
HUFFPOST SUPER USER
realitytrumpsbull
two 'alves of coconut!
01:21 AM on 05/27/2010
The nice thing about online education is that you don't have to waste a lot of airplane fuel obtaining it. You also don't need to worry about trying to slide one by the US immigration authorities, feeding your school administrators a sob story, or worry about being busted for being in the US fraudulently as a student while you're actually up to something else. Lots of smart people trying to game the US immigration system, lots of equally smart people making sure the law gets enforced.

One thing that school administrators probably want to AVOID, at all costs, is being in breach of federal law, where it talks about aiding, abetting, and encouraging, meaning that if they try to misrepresent the facts of the matter to immigration officials, they could be fined, arrested, cost the school their business license, so forth, and so on. Maybe, all things considered, online ed is better, keeps the focus on education.
HUFFPOST SUPER USER
laylahb
01:04 AM on 05/27/2010
Arizona has another Bill waiting in the wings, which would force teachers and principals to rat out kids and parents who might be undocumented. Has Arizona-and this country -gone nuts? Interesting that this is happening at a time when the number of undocumented people has decreased by over one million, the number of border agents has doubled since the end of the Bush administration, and apprehensions are way up.
HUFFPOST SUPER USER
McMarcia
11:34 PM on 05/27/2010
the alternative would be a state administered registry, where all families must register showing that they are legal residents of the state (i.e. tax payers) before they can admit their children to Arizona state funded K-12 schools.

That way the teachers and principals just look at the state certificate for each family before admitting the child. Sort of like manditory vaccines before entering school.
HUFFPOST SUPER USER
Orly Holmes
08:57 AM on 05/28/2010
Tell us what is going on in Massachusetts regarding this subject.

Illegal Immigration. Its Not Just For Arizona Anymore....