Section A. Chapters 161 and 577, RSMo, are amended by adding thereto
- 2 three new sections, to be known as sections 161.245, 577.685, and 577.690, to
- 3 read as follows:
161.245. 1. At the time of enrollment of a student in a public
- 2 elementary or secondary school in this state, such school shall
- 3 determine whether the student enrolling was born outside the
- 4 jurisdiction of the United States or is the child of an alien not lawfully
- 5 present in the United States and qualifies for assignment to an English
- 6 as second language class or other remedial program.
- 7 2. When making the determination required by subsection 1 of
- 8 this section, the school shall rely upon presentation of the student’s
- 9 original birth certificate or a certified copy thereof.
- 10 3. If it is determined that the student was born outside the
- 11 jurisdiction of the United States or is the child of an alien not lawfully
- 12 present in the United States upon review of the student’s birth
- 13 certificate or where such certificate is not available for any reason, the
- 14 parent, guardian, or legal custodian of the student shall notify the
- 15 school of the actual citizenship or immigration status of the student
- 16 under federal law within thirty days of the date of the student’s
- 17 enrollment.
- 18 4. Proper notification under subsection 3 of this section shall
- 19 consist of the following:
- 20 (1) Presenting official documentation establishing the citizenship
- 21 and, in the case of an alien, the immigration status of the student, or
- 22 alternatively by submitting a notarized copy of such documentation to
- 23 a school official designated for such purpose by the school district in
- 24 which the child is enrolled; and
- 25 (2) Attestation by the parent, guardian, or legal custodian, under
- 26 penalty of perjury, that the document states the true identity of the
- 27 child. If the student or his or her parent, guardian, or legal
- 28 representative possesses no such documentation but nevertheless
- 29 maintains that the student is either a United States citizen or an alien
- 30 lawfully present in the United States, the parent, guardian, or legal
- 31 representative of the student may sign a declaration so stating, under
- 32 penalty of perjury.
- 33 5. If no such documentation or declaration is presented, the
- 34 school official shall presume for the purposes of reporting under this
- 35 section that the student is an alien unlawfully present in the United
- 36 States.
- 37 (1) Each school district in this state shall collect and compile
- 38 data as required by this section.
- 39 (2) Each school district shall submit an annual report listing all
- 40 data obtained pursuant to this section to the state board of education.
- 41 6. (1) The state board of education shall compile and submit an
- 42 annual public report to the general assembly. The report shall provide
- 43 data, aggregated by school, regarding the numbers of United States
- 44 citizens, of lawfully present aliens by immigration classification, and
- 45 of aliens believed to be unlawfully present in the United States enrolled
- 46 at all primary and secondary public schools in this state. The report
- 47 shall also provide the number of students in each category
- 48 participating in English as a second language programs enrolled at
- 49 such schools.
- 50 (2) The report shall analyze and identify the effects upon the
- 51 standard or quality of education provided to students who are citizens
- 52 of the United States residing in Missouri that may have occurred, or
- 53 are expected to occur in the future, as a consequence of the enrollment
- 54 of students who are aliens not lawfully present in the United States.
- 55 (3) The report shall analyze and itemize the fiscal costs to the
- 56 state and its political subdivisions of providing educational instruction,
- 57 computers, textbooks and other supplies, free or discounted school
- 58 meals, and extracurricular activities to students who are aliens not
- 59 lawfully present in the United States.
- 60 (4) The state board of education shall prepare and issue
- 61 objective baseline criteria for identifying and assessing the other
- 62 educational impacts on the quality of education provided to students
- 63 who are citizens of the United States, due to the enrollment of aliens
- 64 who are not lawfully present in the United States, in addition to the
- 65 statistical data on citizenship and immigration status and English as a
- 66 second language enrollment required by this section. The state board
- 67 of education may contract with reputable scholars and research
- 68 institutions to identify and validate such criteria. The state board of
- 69 education shall assess such educational impact and include such
- 70 assessments in its reports to the general assembly.
- 71 7. Public disclosure by any person of information obtained
- 72 pursuant to this section which personally identifies any student shall
- 73 be unlawful, except for purposes permitted pursuant to 8 U.S.C.
- 74 Sections 1373 and 1644. Any person intending to make a public
- 75 disclosure of information that is classified as confidential under this
- 76 section, on the ground that such disclosure constitutes a use permitted
- 77 by federal law, shall first apply to the attorney general and receive a
- 78 waiver of confidentiality from the requirements of this subsection.
- 79 8. A student whose personal identity has been negligently or
- 80 intentionally disclosed in violation of this section shall be deemed to
- 81 have suffered an invasion of the student’s right to privacy. The student
- 82 shall have a civil remedy for such violation against the agency or
- 83 person that has made the unauthorized disclosure.
- 84 9. The state board of education shall construe all provisions of
- 85 this section in conformity with federal law.
- 86 10. This section shall be enforced without regard to race,
- 87 religion, gender, ethnicity, or national origin.
577.685. 1. Upon any lawful stop, detention, or arrest made by a
- 2 state, county, or municipal law enforcement officer of this state in the
- 3 enforcement of any state law or ordinance of any political subdivision
- 4 thereof, where reasonable suspicion exists that the person is an alien
- 5 who is unlawfully present in the United States, a reasonable attempt
- 6 shall be made, when practicable, to determine the citizenship and
- 7 immigration status of the person, except if the determination may
- 8 hinder or obstruct an investigation. Such determination shall be made
- 9 by contacting the federal government pursuant to 8 U.S.C. Section
- 10 1373(c) and relying upon any verification provided by the federal
- 11 government.
- 12 2. A law enforcement officer shall not attempt to independently
- 13 make a final determination of whether an alien is lawfully present in
- 14 the United States. A law enforcement officer may not consider race,
- 15 color, or national origin in implementing the requirements of this
- 16 section except to the extent permitted by the United States Constitution
- 17 or the Constitution of Missouri.
- 18 3. A person is presumed to not be an alien who is unlawfully
- 19 present in the United States if the person provides any of the following
- 20 to the law enforcement officer:
- 21 (1) A valid, unexpired Missouri driver’s license;
- 22 (2) A valid, unexpired Missouri nondriver’s license;
- 23 (3) A valid tribal enrollment card or other form of tribal
- 24 identification bearing a photograph or other biometric identifier;
- 25 (4) Any valid United States federal or state government issued
- 26 identification document bearing a photograph or other biometric
- 27 identifier, if issued by an entity that requires proof of lawful presence
- 28 in the United States before issuance;
- 29 (5) A foreign passport with an unexpired United States visa and
- 30 a corresponding stamp or notation by the United States Department of
- 31 Homeland Security indicating the bearer’s admission to the United
- 32 States;
- 33 (6) A foreign passport issued by a visa waiver country with the
- 34 corresponding entry stamp and unexpired duration of stay annotation
- 35 or an I-94W form by the United States Department of Homeland
- 36 Security indicating the bearer’s admission to the United States.
- 37 4. If an alien is determined by the federal government to be an
- 38 alien who is unlawfully present in the United States pursuant to 8
- 39 U.S.C. Section 1373(c), the law enforcement agency shall cooperate in
- 40 the transfer of the alien to the custody of the federal government, if the
- 41 federal government so requests.
577.690. 1. In addition to any violation of federal law, a person
- 2 is guilty of willful failure to complete or carry an alien registration
- 3 document if the person is in violation of 8 U.S.C. Section 1304(e) or 8
- 4 U.S.C. Section 1306(a), and the person is an alien unlawfully present in
- 5 the United States.
- 6 2. In the enforcement of this section, an alien’s immigration
- 7 status shall be determined by verification of the alien’s immigration
- 8 status with the federal government pursuant to 8 U.S.C. Section 1373(c).
- 9 A law enforcement officer shall not attempt to independently make a
- 10 final determination of whether an alien is lawfully present in the
- 11 United States.
- 12 3. A law enforcement official or agency of this state or a county,
- 13 city, or other political subdivision of this state may not consider race,
- 14 color, or national origin in the enforcement of this section except to the
- 15 extent permitted by the United States Constitution and the Constitution
- 16 of Missouri.
- 17 4. This section does not apply to a person who maintains
- 18 authorization from the federal government to be present in the United
- 19 States.
- 20 5. Any record that relates to the immigration status of a person
- 21 is admissible in any court of this state without further foundation or
- 22 testimony from a custodian of records if the record is certified as
- 23 authentic by the federal government agency that is responsible for
- 24 maintaining the record. A verification of an alien’s immigration status
- 25 received from the federal government pursuant to 8 U.S.C. Section
- 26 1373(c) shall constitute proof of that alien’s status. A court of this state
- 27 shall consider only the federal government’s verification in
- 28 determining whether an alien is lawfully present in the United States.
- 29 6. An alien unlawfully present in the United States who is in
- 30 violation of this section shall be guilty of a class C misdemeanor.
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