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The Law Offices of Angela L. Williams, LLC » The New Text of SB590 as it will be introduced to the Senate…ANd he is still claiming that it won’t cost the schools any money?

The New Text of SB590 as it will be introduced to the Senate…ANd he is still claiming that it won’t cost the schools any money?

January 25, 2012 at 6:35 pm
filed under Bart Karman (R-MO House), Comprehensive Immigration Reform, Constitution, Immigration, Jason Smith (R-MO House), Kris Kobach (KS Secretary of State), List of Shame, Missouri House of Representatives, Missouri Senate, Other Appalling State Legislation, Politicians making things worse, Procedure, Sen. Brian Nieve (MO State Senate-R), Sen. Will Kraus (MO State-R), State Based Immigration Laws, State's Rights, Supremacy Clause, Wanda Brown (R-Mo House), Wasting Money
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Section A. Chapters 161 and 577, RSMo, are amended by adding thereto

  1. 2  three new sections, to be known as sections 161.245, 577.685, and 577.690, to
  2. 3  read as follows:

    161.245. 1. At the time of enrollment of a student in a public

  1. 2  elementary or secondary school in this state, such school shall
  2. 3  determine whether the student enrolling was born outside the
  3. 4  jurisdiction of the United States or is the child of an alien not lawfully
  4. 5  present in the United States and qualifies for assignment to an English
  5. 6  as second language class or other remedial program.
  6. 7  2. When making the determination required by subsection 1 of
  7. 8  this section, the school shall rely upon presentation of the student’s
  8. 9  original birth certificate or a certified copy thereof.
  9. 10  3. If it is determined that the student was born outside the
  10. 11  jurisdiction of the United States or is the child of an alien not lawfully
  11. 12  present in the United States upon review of the student’s birth
  12. 13  certificate or where such certificate is not available for any reason, the
  13. 14  parent, guardian, or legal custodian of the student shall notify the
  14. 15  school of the actual citizenship or immigration status of the student
  15. 16  under federal law within thirty days of the date of the student’s
  16. 17  enrollment.
  17. 18  4. Proper notification under subsection 3 of this section shall
  18. 19  consist of the following:
  19. 20  (1) Presenting official documentation establishing the citizenship
  1. 21  and, in the case of an alien, the immigration status of the student, or
  2. 22  alternatively by submitting a notarized copy of such documentation to
  3. 23  a school official designated for such purpose by the school district in
  4. 24  which the child is enrolled; and
  5. 25  (2) Attestation by the parent, guardian, or legal custodian, under
  6. 26  penalty of perjury, that the document states the true identity of the
  7. 27  child. If the student or his or her parent, guardian, or legal
  8. 28  representative possesses no such documentation but nevertheless
  9. 29  maintains that the student is either a United States citizen or an alien
  10. 30  lawfully present in the United States, the parent, guardian, or legal
  11. 31  representative of the student may sign a declaration so stating, under
  12. 32  penalty of perjury.
  13. 33  5. If no such documentation or declaration is presented, the
  14. 34  school official shall presume for the purposes of reporting under this
  15. 35  section that the student is an alien unlawfully present in the United
  16. 36  States.
  17. 37  (1) Each school district in this state shall collect and compile
  18. 38  data as required by this section.
  19. 39  (2) Each school district shall submit an annual report listing all
  20. 40  data obtained pursuant to this section to the state board of education.
  21. 41  6. (1) The state board of education shall compile and submit an
  22. 42  annual public report to the general assembly. The report shall provide
  23. 43  data, aggregated by school, regarding the numbers of United States
  24. 44  citizens, of lawfully present aliens by immigration classification, and
  25. 45  of aliens believed to be unlawfully present in the United States enrolled
  26. 46  at all primary and secondary public schools in this state. The report
  27. 47  shall also provide the number of students in each category
  28. 48  participating in English as a second language programs enrolled at
  29. 49  such schools.
  30. 50  (2) The report shall analyze and identify the effects upon the
  31. 51  standard or quality of education provided to students who are citizens
  32. 52  of the United States residing in Missouri that may have occurred, or
  33. 53  are expected to occur in the future, as a consequence of the enrollment
  34. 54  of students who are aliens not lawfully present in the United States.
  35. 55  (3) The report shall analyze and itemize the fiscal costs to the
  36. 56  state and its political subdivisions of providing educational instruction,
  37. 57  computers, textbooks and other supplies, free or discounted school
  1. 58  meals, and extracurricular activities to students who are aliens not
  2. 59  lawfully present in the United States.
  3. 60  (4) The state board of education shall prepare and issue
  4. 61  objective baseline criteria for identifying and assessing the other
  5. 62  educational impacts on the quality of education provided to students
  6. 63  who are citizens of the United States, due to the enrollment of aliens
  7. 64  who are not lawfully present in the United States, in addition to the
  8. 65  statistical data on citizenship and immigration status and English as a
  9. 66  second language enrollment required by this section. The state board
  10. 67  of education may contract with reputable scholars and research
  11. 68  institutions to identify and validate such criteria. The state board of
  12. 69  education shall assess such educational impact and include such
  13. 70  assessments in its reports to the general assembly.
  14. 71  7. Public disclosure by any person of information obtained
  15. 72  pursuant to this section which personally identifies any student shall
  16. 73  be unlawful, except for purposes permitted pursuant to 8 U.S.C.
  17. 74  Sections 1373 and 1644. Any person intending to make a public
  18. 75  disclosure of information that is classified as confidential under this
  19. 76  section, on the ground that such disclosure constitutes a use permitted
  20. 77  by federal law, shall first apply to the attorney general and receive a
  21. 78  waiver of confidentiality from the requirements of this subsection.
  22. 79  8. A student whose personal identity has been negligently or
  23. 80  intentionally disclosed in violation of this section shall be deemed to
  24. 81  have suffered an invasion of the student’s right to privacy. The student
  25. 82  shall have a civil remedy for such violation against the agency or
  26. 83  person that has made the unauthorized disclosure.
  27. 84  9. The state board of education shall construe all provisions of
  28. 85  this section in conformity with federal law.
  29. 86  10. This section shall be enforced without regard to race,
  30. 87  religion, gender, ethnicity, or national origin.

    577.685. 1. Upon any lawful stop, detention, or arrest made by a

  1. 2  state, county, or municipal law enforcement officer of this state in the
  2. 3  enforcement of any state law or ordinance of any political subdivision
  3. 4  thereof, where reasonable suspicion exists that the person is an alien
  4. 5  who is unlawfully present in the United States, a reasonable attempt
  5. 6  shall be made, when practicable, to determine the citizenship and
  6. 7  immigration status of the person, except if the determination may
  1. 8  hinder or obstruct an investigation. Such determination shall be made
  2. 9  by contacting the federal government pursuant to 8 U.S.C. Section
  3. 10  1373(c) and relying upon any verification provided by the federal
  4. 11  government.
  5. 12  2. A law enforcement officer shall not attempt to independently
  6. 13  make a final determination of whether an alien is lawfully present in
  7. 14  the United States. A law enforcement officer may not consider race,
  8. 15  color, or national origin in implementing the requirements of this
  9. 16  section except to the extent permitted by the United States Constitution
  10. 17  or the Constitution of Missouri.
  11. 18  3. A person is presumed to not be an alien who is unlawfully
  12. 19  present in the United States if the person provides any of the following
  13. 20  to the law enforcement officer:
  14. 21  (1) A valid, unexpired Missouri driver’s license;
  15. 22  (2) A valid, unexpired Missouri nondriver’s license;
  16. 23  (3) A valid tribal enrollment card or other form of tribal
  17. 24  identification bearing a photograph or other biometric identifier;
  18. 25  (4) Any valid United States federal or state government issued
  19. 26  identification document bearing a photograph or other biometric
  20. 27  identifier, if issued by an entity that requires proof of lawful presence
  21. 28  in the United States before issuance;
  22. 29  (5) A foreign passport with an unexpired United States visa and
  23. 30  a corresponding stamp or notation by the United States Department of
  24. 31  Homeland Security indicating the bearer’s admission to the United
  25. 32  States;
  26. 33  (6) A foreign passport issued by a visa waiver country with the
  27. 34  corresponding entry stamp and unexpired duration of stay annotation
  28. 35  or an I-94W form by the United States Department of Homeland
  29. 36  Security indicating the bearer’s admission to the United States.
  30. 37  4. If an alien is determined by the federal government to be an
  31. 38  alien who is unlawfully present in the United States pursuant to 8
  32. 39  U.S.C. Section 1373(c), the law enforcement agency shall cooperate in
  33. 40  the transfer of the alien to the custody of the federal government, if the
  34. 41  federal government so requests.

    577.690. 1. In addition to any violation of federal law, a person

  1. 2  is guilty of willful failure to complete or carry an alien registration
  2. 3  document if the person is in violation of 8 U.S.C. Section 1304(e) or 8
  1. 4  U.S.C. Section 1306(a), and the person is an alien unlawfully present in
  2. 5  the United States.
  3. 6  2. In the enforcement of this section, an alien’s immigration
  4. 7  status shall be determined by verification of the alien’s immigration
  5. 8  status with the federal government pursuant to 8 U.S.C. Section 1373(c).
  6. 9  A law enforcement officer shall not attempt to independently make a
  7. 10  final determination of whether an alien is lawfully present in the
  8. 11  United States.
  9. 12  3. A law enforcement official or agency of this state or a county,
  10. 13  city, or other political subdivision of this state may not consider race,
  11. 14  color, or national origin in the enforcement of this section except to the
  12. 15  extent permitted by the United States Constitution and the Constitution
  13. 16  of Missouri.
  14. 17  4. This section does not apply to a person who maintains
  15. 18  authorization from the federal government to be present in the United
  16. 19  States.
  17. 20  5. Any record that relates to the immigration status of a person
  18. 21  is admissible in any court of this state without further foundation or
  19. 22  testimony from a custodian of records if the record is certified as
  20. 23  authentic by the federal government agency that is responsible for
  21. 24  maintaining the record. A verification of an alien’s immigration status
  22. 25  received from the federal government pursuant to 8 U.S.C. Section
  23. 26  1373(c) shall constitute proof of that alien’s status. A court of this state
  24. 27  shall consider only the federal government’s verification in
  25. 28  determining whether an alien is lawfully present in the United States.
  26. 29  6. An alien unlawfully present in the United States who is in
  27. 30  violation of this section shall be guilty of a class C misdemeanor.

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1 comment

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  1. Desiree Marshall

    on January 25, 2012 at 10:50 pm

    Well said