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Marian Wright Edelman

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Tough Immigration Laws: Tough on Children

Posted: 01/20/12 05:16 PM ET

Alabama has passed the toughest immigration enforcement law in the country. Now children born in the U.S.A., American citizens, are living in fear. Some children are afraid to go to school. According to Bill Lawrence, principal of Foley Elementary in Foley, Alabama, “Most of these kids are American citizens. American citizens attending American schools, afraid.” He continued, “A child in fear can’t learn.” Children in his school were terrified Mom and Dad would not be home when they got home from school.

The new law, HB 56, requires people to have proof of legal status for almost every interaction in their lives, and it’s already having dire consequences for many of Alabama’s children. As the Center for American Progress explains, “Alabama’s new ‘show me your papers’ immigration law is ripping apart families in the state.” More than half of the estimated 120,000 undocumented immigrants who live in Alabama—2.5 percent of the state’s population—live in ‘mixed status’ families. But consider the children: 85 percent of the children of undocumented immigrants live in ‘mixed status’ families, often meaning the children are citizens but one or more of the parents are not. The result is that thousands of Alabama parents and children now live in constant fear of separation.

Among its many requirements, HB 56 requires elementary and secondary schools to determine the immigration status of incoming students and their parents and authorizes the school to report them to federal authorities. As the head of the American Federation of Teachers, Randi Weingarten, put it, “Educators should not be put in the position of being immigration law enforcers. Teachers should be safety nets, not snitches—guardians, not guards.”

HB 56 requires police and some government officials to demand proof of legal status if they have “reasonable suspicion” a person may be in the country illegally, including during routine traffic stops or arrests, and criminalizes unlawful presence. It also makes it a felony for an illegal immigrant to conduct a business transaction with any governmental body in the state; nullifies any contract an undocumented person enters into, including applying for a loan or signing a lease; and makes it a crime for unauthorized immigrants to apply for or solicit work. Advocates and community members reported that hundreds of Latinos did not report to work or attend school when the law first passed, and hundreds of families fled the state.

The Department of Justice, civil rights and church groups all filed legal challenges after the law went into effect last summer. So far, federal courts have temporarily blocked several provisions of the law, including the provision requiring K-12 school officials to determine students’ immigration status and that of their parents, and the provision that makes it a crime for immigrants to fail to complete or carry an alien registration card. But the state of Alabama has been allowed to go forward with many other sections of the law. Now, as law enforcement agencies are clarifying procedures on what parts of the law to enforce and the law is being further reviewed in federal court, many parents and workers are not taking chances.

The Center for American Progress has created lists of the “Top 10 Reasons Alabama’s New Immigration Law Is a Disaster” for the state’s government, economy, community safety, public health, faith communities, rule of law, education, and families. They point out fear has led many parents to sign power of attorney documents to allow friends or family members to legally care for their children if they are deported. If parents are deported many U.S. citizen children may be forced into foster care, though “Alabama state officials themselves are concerned about the potential impact on the already overburdened state foster care system.” Shattered Families, a recent report by the Applied Research Center, noted that more than 5,000 children nationally who are currently in foster care have parents who have been detained or deported. The Center for American Progress also points out that when breadwinners are deported from mixed-status families “U.S. citizen spouses and children will have to take on additional jobs, potentially drop out of school, and seek additional social services just to keep the family afloat. The resulting cycle of potential poverty and despair is a prescription for instability and a detriment to the entire fabric of Alabama communities.”

They note some U.S. citizen children in mixed-status families are being forced to shoulder new burdens for their families, including taking over the driving and shopping if they have valid licenses. Of course, undocumented children are a target themselves, including many who were brought to the United States as infants or small children and have never known another home. The overwhelming sense of fear is apparent even among the youngest children, as school administrators like those at Foley Elementary know very well—and isn’t just limited to children in immigrant families. A Birmingham school counselor said, “My sixth graders of African American descent were asking me if they were going to have to go back to Africa. There is a fear factor out there that is written between the lines of the law that's having a chilling effect on Alabama classrooms.”

As one U.S. citizen son put it: “At school we were taught about the Civil Rights period. This is the same thing—it’s happening again. I make good grades, so does my brother. We are normally at the top of our class. I try my hardest to be good. The people making this law, they need to put themselves in our shoes and think about how they’re splitting families.” As a slight ray of hope, there is pressure mounting in the state to repeal HB 56 or parts of it in the state’s legislative session. The irony of an era of fear, repression, and profiling repeating itself in Alabama is not lost on many onlookers. For those who refuse to return to that era in Alabama or any other part of America, the time to speak up is now.

 

Follow Marian Wright Edelman on Twitter: www.twitter.com/ChildDefender

Alabama has passed the toughest immigration enforcement law in the country. Now children born in the U.S.A., American citizens, are living in fear. Some children are afraid to go to school. According ...
Alabama has passed the toughest immigration enforcement law in the country. Now children born in the U.S.A., American citizens, are living in fear. Some children are afraid to go to school. According ...
 
 
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HUFFPOST SUPER USER
Willie12345
12:42 PM on 01/26/2012
So who's to blame ? The parents that broke our laws. They need to taking the responsibility for their actions. If I commit a crime, I go to jail and my kids feel the consequences of my actions. I'm responsible, not the judge or the law. It's the parents that should be feeling the wrath of the people, not the law enforcement folks or those that wrote the laws.
11:30 AM on 01/25/2012
If the Federal Gov would only clarify that the 14th amendment is not meant give automatic citizenship to children of illegals, that would be a really big deterrent to illegals sneaking into this country and having babies so they can stay. Deport the parents back to their home country and send their children with them.
11:26 AM on 01/25/2012
Sorry it's the parents fault that these children are "Living in Fear" They should not have snuck into this country and put them in this situation.
10:40 PM on 01/24/2012
If your family member is a criminal chances are they may not be home when you get there.... just stay there ....... the police will come pick you up ....to go on a great vacation..and learn about your heritage
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HUFFPOST SUPER USER
topkatnc
Give a stray cat or dog a chance .
07:09 PM on 01/24/2012
I have no problem for anyone from any country coming here to make a better life for themselves and their families .. but if you can't do it the legal way .. then you need to pack it up and go home .. I have to follow laws everyday of my life .. but thanks to our own government these people don't have to .. and they think they are treated badly ... it's the American people who get screwed every which way they turn .. not illegals .
HUFFPOST SUPER USER
Sam Bark
It's a MAD world after all...
01:11 AM on 01/26/2012
topkatnc -- correct, well said, F&F
08:42 PM on 01/23/2012
A lot of parents break the law. Should thieves, rapists, drug dealers be exonerated if they have young children. Law breaking parents have always made things tough for their children. The law breaking illegals have a choice. They can move to another state.
01:17 PM on 01/23/2012
There is a real easy solution to this whole mess. People who are in this country illegally should leave and take their families with them.
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HUFFPOST PUNDIT
TggerJen
Protect at snowleopard.org
06:23 PM on 01/23/2012
It's not the laws that are bad for the children, it's their parents' decisions to break the law and put their children at risk of the consequences of the parents' own choices. They can keep their families intact by choosing to stop living and working here illegally and going back to their home countries.
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HUFFPOST SUPER USER
topkatnc
Give a stray cat or dog a chance .
06:48 PM on 01/24/2012
I agree ... and it's time for the federal government to get off it's rear end and enforce laws ...
08:38 AM on 01/23/2012
Here is a post for all of you prod La-Raza types. Now I'm not saying that all illegals are pro La-Raza but then again, I'm sure they aren't opposed either.

MEChA and the La Raza movement teach that Colorado, California­, Arizona, Texas, Utah, New Mexico, Oregon and parts of Washington State make up an area known as "Aztlan" -- a fictional ancestral homeland of the Aztecs before Europeans arrived in North America. As such, it belongs to the followers of MEChA. These are all areas America should surrender to "La Raza" once enough immigrants­, legal or illegal, enter to claim a majority, as in Los Angeles. The current borders of the United States will simply be extinguish­ed.
As Miguel Perez of Cal State-Nort­hridge's MEChA chapter has been quoted as saying: "The ultimate ideology is the liberation of Aztlan. Communism would be closest [to it]. Once Aztlan is establishe­d, ethnic cleansing would commence: Non-Chican­os would have to be expelled -- opposition groups would be quashed because you have to keep power."
MEChA was in fact reported to be one of the main organizers of those street demonstrations we witnessed over the past weeks. That helps explain why those hordes of illegal immigrants weren't asking for amnesty -- they were demanding an end to U.S. law, period. Unlike past waves of immigrants who sought to become responsible members of American society, these protesters reject American society altogether, because they have been taught that America rightfully belongs to them.

Enough said.
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HUFFPOST PUNDIT
saint bernard mom
and Newfie Gram ♥spay♥neuter♥adopt♥
03:26 PM on 01/23/2012
There is no proof that the Aztecs were anywhere but in central Mexico.

http://en.wikipedia.org/wiki/Aztec

Some people think we all came from the Garden of Eden. But most rational people understand these are beliefs and there really is no proof. 
08:10 AM on 01/24/2012
Darling, I didn't make the post up.
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lsg0013
Putting mayo on Eddie Haskell's sandwich
03:10 AM on 01/23/2012
Meanwhile, on MEXICO's southern border.

ngm.nationalgeographic.com/2008/02/mexicos-southern-border/cynthia...

www.mexidata.info/id2481.html

Mexico vigorously defends it's border with Guatemala.
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sibyl9
Cloaking Device Engaged
01:29 AM on 01/23/2012
For all pro-LaRaza types, I am what you fear. I make American history and learning interesting and imprortant to even the most uninspired student. I am turning them against you and your agenda.
02:36 AM on 01/23/2012
OMG, you are actually teaching children!!

Please, God, don't make it be regular schools, but some crazy fundamentalist academy or something. Think about the children!

This is so wrong at so many levels! What if you do in fact teach like public school and you are discovered posting these crazy comments? Well, actually, that might be a good thing....

Seriously, this is beginning to scare me. I am now thinking that these articles on the illegal immigration subject are attracting lost Glen Beck's followers to HuffPo, which is fine, but I just replied to a totally reprehensible post in this thread..and now I see yours, just when I though you might be a bit more normal. Totally freaky...

Are you all drinking?
08:22 AM on 01/23/2012
Are you serious? Do you even know what the La Raza is about. How about this:

MEChA and the La Raza movement teach that Colorado, California, Arizona, Texas, Utah, New Mexico, Oregon and parts of Washington State make up an area known as "Aztlan" -- a fictional ancestral homeland of the Aztecs before Europeans arrived in North America. As such, it belongs to the followers of MEChA. These are all areas America should surrender to "La Raza" once enough immigrants, legal or illegal, enter to claim a majority, as in Los Angeles. The current borders of the United States will simply be extinguished.
As Miguel Perez of Cal State-Northridge's MEChA chapter has been quoted as saying: "The ultimate ideology is the liberation of Aztlan. Communism would be closest [to it]. Once Aztlan is established, ethnic cleansing would commence: Non-Chicanos would have to be expelled -- opposition groups would be quashed because you have to keep power."
07:47 PM on 01/23/2012
Are you aware of the hatred which these organizations promote?

http://www.tu4sd.com/p/faqs-ethnic-studies_16.html

I have spoken with various students and instructors of these courses, and the political slant is quite obvious.
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Misanthropical
I am unPC and I don't care!
04:04 PM on 01/23/2012
I knew there was more than one reason I fanned you! Keep up the great work!
01:22 AM on 01/23/2012
If you want to minimize mixed status families there are two paths. Just automatically amnesty every illegal alien parent of a child born in the U.S. That would make a mockery of our immigration law. The second way is to prevent illegal immigration so that fewer mixed status families would be formed. Our current way is that you can live here for decades without detection because we don't verify employment, housing, public education, etc. The problem is that most of these people supposedly so concerned about mixed status families have ZERO interest in preventing their formation. They are locked into the rolling amnesty model.
12:26 AM on 01/23/2012
I really get tired of lies. The FACT is that the schools were NOT ordered to turn illegals into ICE! The FACT is that the only ones who would say that black children might have to move to Africa are people like Edelman who wish to lie and use scare tactics to gin up opposition to the law.

I used to have respect for Ms Edelman, but I have NONE now with her outrageous lies and comments. The FACT is that the Civil Rights movement of which I was a part, fought for the rights of AMERICAN citizens who were being denied their rights. I know of nothing in our laws that grants illegals any rights to be here. They are in short criminals who should be afraid of being held to account for their illegal actions. They commit other crimes such as driving without license, insurance, registration, commit forgery, perjury, tax fraud, ID theft, draft dodging, etc.. The list of their crimes is rather long, yet she has NO concern at all for their victims. How about concern for Americans who are being hurt, killed and maimed by these same folks?
HUFFPOST SUPER USER
Sam Bark
It's a MAD world after all...
01:39 AM on 01/23/2012
randyjet -- well said F&F
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Misanthropical
I am unPC and I don't care!
07:09 PM on 01/23/2012
Thank you! I wish I could fan you again! I knew none of their males signed up for Selective Services like they are suppose when they turn 18. Which means every man that comes here is breaking that law too, which no male US citizen would be allowed to get away with. If illegals can pick and chose which laws to obey, we should be able to do so too.
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HUFFPOST SUPER USER
topkatnc
Give a stray cat or dog a chance .
06:52 PM on 01/24/2012
Spot on ... if they were made to go into the military to get citizenship , there wouldn't be enough roads to Mexico for the to get home on .
11:45 PM on 01/22/2012
Let's be clear: The law does not split families any more than a law that says that you go to prison for rape or murder. The parents who are illegally in the USA risk being deported. That deportation is the consequence of their illegal activity, which they knew when they acted illegally. The family need not be split up. There is nothing to keep them from taking their family members back to Mexico, Ireland, Nigeria or where ever they are from.

My sympathy goes to the Americans whose jobs the illegals have stolen and the stolen jobs are in the millions. To says that they don't take jobs from Americans is just stupid. They don't cross the border with jobs strapped on their backs. They steal jobs from Americans and they give Americans the bill for medical care, schooling, food stamps, etc. Require e-verify (with stiff--say $20,000 or more employer sanctions per illegal worker) and they vast majority of the illegals will lose their jobs to Americans and they will leave the same way they came to the USA--by plane, train, automobile and by walking.
12:37 AM on 01/23/2012
well said
12:39 AM on 01/23/2012
a bounty should be placed on illegals that fail e-verify......now that would change the game
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sibyl9
Cloaking Device Engaged
11:06 PM on 01/22/2012
Ms. Edelman, I am and for years, have been an admirer of yours for your work with the Children's Defense Fund. However, with this issue, you and others put it forth brings me back to my lecture to my students on Hiroshima. The powerpoint show I created is a tearjerker. I always get choked up narrating. The burned partial bicyle moves me to visible tears, yet, as in that situation and in this current one, I ask.... How many Americans do we sacrifice before we stop it?
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HUFFPOST SUPER USER
Captain Ron
Sí, se puede!
01:00 AM on 01/23/2012
None.
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HUFFPOST SUPER USER
Elecktra001
PC assassin
01:47 AM on 01/23/2012
We sacrifice none, sibyl 9
11:05 PM on 01/22/2012
Finally people are starting to be concerned for the children. It's tragic that 5,000 children are in the foster care system who have parents that have been deported. That's a total violation of their rights as children and U.S citizens and what's more tragic is that many of those children will be physically and sexually abused in the system. People should be more kind towards undocumented immigrants and their families, they keep America running everyday and deserve our love and respect.
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HUFFPOST SUPER USER
Elecktra001
PC assassin
12:28 AM on 01/23/2012
Where's your concern for American children?
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01:41 AM on 01/23/2012
They are American.
HUFFPOST SUPER USER
Sam Bark
It's a MAD world after all...
01:42 AM on 01/23/2012
4 real w p -- your empathy is noted, but misplaced.
03:34 AM on 01/23/2012
i think it is placed just fine.
HUFFPOST SUPER USER
PTerrys
01:33 PM on 01/23/2012
where should it be placed?