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Category Archives: Sen. Brian Nieve (MO State Senate-R)

Bill to require English-only driver’s tests is back | The Columbia Daily Tribune – Columbia, Missouri

Posted on January 26, 2012 by Angie Williams Posted in Barney Fisher (R-MO House), Bart Karman (R-MO House), Chuck Gastenberger (R-MO House), Comprehensive Immigration Reform, Immigration, Jason Smith (R-MO House), List of Shame, Mike Kelley (R-MO House), Missouri House of Representatives, Missouri Senate, Other Appalling State Legislation, Politicians making things worse, Rep. Jerry Nolte (MO State Rep-R), 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 .

Bill to require English-only driver’s tests is back | The Columbia Daily Tribune – Columbia, Missouri.

 

More bad ideas based on bad assumptions from Jefferson City.  This bill will not have any effect on undocumented people because those people cannot get driver’s license because they do not have the proper authorization from Immigration.  This will only effect legal immigrants who are actually doing what these anti-immigrant people want, they are doing it legally.  The fact is that you do not need to even know how to read to be able to be a safe driver because signs are internationally standardized for this very reason.

On that note, it is possible for someone who is illiterate to take the Missouri Driver’s exam and this would not change that provision, only that it be given exclusively in English.  How does it, then, make sense that they are doing this as a matter of public safety?  Being able to read and study and pass a test in French somehow makes you less safe than someone who cannot read at all?  A foreign language speaker is a worse driver than someone who is illiterate?

Representatives from the Insurance industry testified against this idiotic bill as did many members of the community and heads of charitable organizations.  No one testified in favor of it.  The Insurance lobbyist said this would guarantee more uninsured drivers not more English Speaking Drivers.  He is right because people will not stop driving.  Why on earth are they wasting their time on these kind of stupid laws?  Why is this even an issue?  Because it is one more example of politicians using immigrants to confuse the issue of immigration reform.  This time they are picking on the ones who have “done it legally, which is what they claim to want.

What is almost as disturbing to me as the blatant illogical and baseless rhetoric behind this law as well as SB590 requiring schools and cops to check immigration status is that the representatives are literally spitting in the face of a representative democracy.  No one testified in favor and many against?  Yes lets pass it.  They do not care about their constituents nor the people of Missouri.  They do not care if they cost you money or endanger your businesses or children or safety on the road.  This is the 2nd vote this week that completely ignored the fact that the overwhelming majority of the comments were against the law.

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Tags: Driver's License, Foreign Language, Illiterate, Missouri House of Representatives, Road Safety, Voting with disregard for constituents .

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?

Posted on January 25, 2012 by Angie Williams Posted in 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 .

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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Tags: Immigraiton, Missouri Senate, Will Kraus .

ALABAMA/ARIZONA Like Law Passes out of committee despite only 1 person testifying in favor of the law

Posted on January 25, 2012 by Angie Williams Posted in Immigration, Jason Smith (R-MO House), List of Shame, Missouri Senate, Other Appalling State Legislation, Politicians making things worse, Sen. Brian Nieve (MO State Senate-R), Sen. Will Kraus (MO State-R), State Based Immigration Laws, Supremacy Clause, Wasting Money .

SB590 – Modifies the law relating to unlawfully present aliens..

 

I sometimes don’t know why I bother because people like Will Kraus and Brian Nieves are going to do whatever  they want anyways.  It did not matter to the members that voted to pass this out of committee that only 1 person testified in favor of the law and 60 plus people  against, with at least 15 testifying live and at least 40 more who did not get to testify live because of time but submitted written testimony.

People like Will Kraus do not represent the people; they represent themselves.  They do not care that this is going to created a giant unfunded mandate on both the schools and the police that will cost untold number of dollars. They also don’t care that if it passes Missouri is guaranteed to be sued, just like all of the other states who have passed similar law.  Missouri will have to spend millions of dollars defending a suit that is already being fought elsewhere.

 

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Tags: Failure to Represent his Constituents, General Laws, Liers, Missouri Senate, Waste of MOney, Will Kraus .

SB676 – Specifies how courts may rule in contractual disputes involving the law of other countries and jurisdictional issues involving other countries

Posted on January 20, 2012 by Angie Williams Posted in Economy, Federal Power, List of Shame, Missouri Senate, Other Appalling State Legislation, Politicians making things worse, Sen. Brian Nieve (MO State Senate-R), State Based Immigration Laws, State's Rights, Supremacy Clause, Wasting Money .

SB676 – Specifies how courts may rule in contractual disputes involving the law of other countries and jurisdictional issues involving other countries.

 

This was proposed by this guy last year, and it looks like it is back up, would void all contracts made in a foreign country or based on the laws of foreign countries and would make them unenforceable in Missouri.

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Tags: Bad ideas, Brian Nieves, Business Contracts, Foreign Laws, Missouri Senate, Unenforceable Contracts, Void Contracts, wasting money .

SJR45 – Prohibits Missouri state government from recognizing, enforcing, or acting in furtherance of certain actions of the federal government

Posted on January 20, 2012 by Angie Williams Posted in Federal Power, LGBT Issues, List of Shame, Missouri Senate, Politicians making things worse, Sen. Brian Nieve (MO State Senate-R), State's Rights, Supremacy Clause .

This is another piece of disturbing legislation proposed by none other than List of Shame long time member, Brian Nieves.  It mandates that the Missouri not recognize any federal law or court decision that in Mr. Nieves view “exceeds federal authority”  Wow that is really the pot calling the kettle black, the  State can exceed their authority all it wants by writing immigration laws, something that is specifically designated to the federal government in the main body of the  Constitution, but any law or decision in the federal government that  involve any of the following, Missouri shall not recognize or follow…and this ass hat wants to change the Missouri Constitution to express it.

“The state also shall not recognize, enforce, or act in furtherance of any federal actions that: restrict the right to bear arms; legalize or fund abortions, or the destruction of any embryo from the zygote stage; require the sale or trade of carbon credits or impose a tax on the release of carbon emissions; involve certain health care issues; mandate the recognition of same sex marriage or civil unions; increase the punishment for a crime based on perpetrator’s thoughts or designate a crime as a hate crime; interpret the establishment clause as creating a wall of separation between church and state; or restrict the right of parents or guardians to home school or enroll their children in a private or parochial school or restrict school curriculum.”

Oh he also wants to mandate how the judiciary should interpret the US Constitution.  (Apparently whether or not it follows precedent)

“The state is also required to interpret the U.S. Constitution based on its language and the original intent of the signers of the Constitution. Amendments to the U.S. Constitution shall be interpreted based on their language and the intent of the congressional sponsor and co-sponsors of the amendment.”

Here is the whole text.  Who keeps electing this idiot?

 

SJR45 – Prohibits Missouri state government from recognizing, enforcing, or acting in furtherance of certain actions of the federal government.

SJR 45 Prohibits Missouri state government from recognizing, enforcing, or acting in furtherance of certain actions of the federal government
Sponsor: Nieves
LR Number: 4759S.02I Fiscal Note not available
Committee:
Last Action: 1/9/2012 – S First Read–SJR 45-Nieves Journal Page: S70
Title: Calendar Position: 93
Effective Date: Upon voter approval
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2012 Senate Bills

Current Bill Summary

SJR 45 – Upon approval by the voters, this constitutional amendment prohibits the Missouri legislative, executive, and judicial branches of government from recognizing, enforcing, or acting in furtherance of any federal action that exceeds the powers delegated to the federal government.

 

The state also shall not recognize, enforce, or act in furtherance of any federal actions that: restrict the right to bear arms; legalize or fund abortions, or the destruction of any embryo from the zygote stage; require the sale or trade of carbon credits or impose a tax on the release of carbon emissions; involve certain health care issues; mandate the recognition of same sex marriage or civil unions; increase the punishment for a crime based on perpetrator’s thoughts or designate a crime as a hate crime; interpret the establishment clause as creating a wall of separation between church and state; or restrict the right of parents or guardians to home school or enroll their children in a private or parochial school or restrict school curriculum.

 

The state is also required to interpret the U.S. Constitution based on its language and the original intent of the signers of the Constitution. Amendments to the U.S. Constitution shall be interpreted based on their language and the intent of the congressional sponsor and co-sponsors of the amendment.

 

The amendment also declares that Missouri citizens have standing to enforce the provisions of the amendment and that enforcement of the amendment applies to federal actions taken after the amendment is approved by the voters, federal actions specified in the amendment, and any federal action, regardless of when it occurred, that the general assembly or the Missouri Supreme Court determines to exceed the powers enumerated and delegated to the federal government by the U.S. Constitution.

 

This act is similar to SS/SJR 15 (2011).

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Tags: 14th Amendment, Abortion, Amendment, Brian Nieves, Constitution, Federal Power, Ignoring Federal Law, Interpretation, Judiciary, Missouri Constitution, Missouri Senate, Same Sex Marriage, State's Rights, US Supreme Court .

Missouri Senates Dishonors Dr. King’s memory by discussing SB590 at all much less the day after remembering his message of tolerance and equality.

Posted on January 16, 2012 by Angie Williams Posted in Comprehensive Immigration Reform, Immigration, Immigration Discrimination, Immigration Myths, List of Shame, Missouri Senate, Politicians making things worse, Rep. Jerry Nolte (MO State Rep-R), Sen. Brian Nieve (MO State Senate-R), Sen. Will Kraus (MO State-R), State Based Immigration Laws, Wasting Money .

What a disgraceful way to honor the memory of Dr. Martin Luther King Jr than to even be discussing such a hate-filled marginalizing bill directed toward children the day after spending the day remembering what Dr. King stood for, non-violence, inclusion, diversity, tolerance and equality.  Using children as a pawn in what has become a political war against “illegal immigration” is despicable and disheartening.  What legislation like this does is devalues people, disrupts families and creates a rift between “us” and “them” that is getting harder and harder to bridge.  It is also exactly what Federal Politicians want.  Why should they push for reform when they can sit back, risk nothing and watch while every one else has to bare the burden of their impotence and cowardice to act.  Why should they have to do any real work when they can push their responsibilities off on the states who can push their responsibilities off on local communities, local law enforcement, local businesses and now local teachers, principals, schools and even children.  People like Will Kraus, Kobach, Nolte, Nieves and the like do not care that they are ruining families, communities, forcing kids out of schools.  They can put they are “tough on illegal immigration” and feel all self righteous in their efforts to combat this problem when the federal government won’t.  The problem is that now they are picking on children.  They want schools to report on the costs and effects having undocumented children in our classrooms has on education, but who is going to report on the societal costs of alienating children, degrading their self esteem and possibly scaring them away from attending school at all.  No one, and truly the do not care.  Do not let them lie to you they do not care about Missouri Children, our communities or you as a tax payer or voter.  If they propose and support short sighted legislation like this, meant to use children as a batting ram in their zeal to push their own agendas they  will turn on you and your cause next.

 

Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity. -Dr. Martin Luther King Jr.

All tyranny needs to gain a foothold is for people of good conscience to remain silent.- THomas Jefferson

I will be honoring Dr. King tomorrow as I travel to Jefferson City to speak out against this hateful bill.  If you would like to join me please mail me for more information.  It is at 3 pm.  If you cannot consider emailing the reps not he General Laws committees and your own state rep to voice your dissent.

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Tags: Alabama, discrimination, Immigration, Missouri Senate, SB590, Schools, Status of Students, Teachers .

HEARING SCHEDULED FOR SB590 Jan 17, 2012 at 3 pm. Contact me if you want to attend or send written testimony.

Posted on January 12, 2012 by Angie Williams Posted in Kris Kobach (KS Secretary of State), List of Shame, Missouri Senate, Office News, Rep. Jerry Nolte (MO State Rep-R), Sen. Brian Nieve (MO State Senate-R), Sen. Will Kraus (MO State-R), State Based Immigration Laws, Wasting Money .

Ok the heinous bill proposed by Will Kraus that would require schools to check immigration status among other things is coming up for hearing very soon. The hearing has been scheduled for SB 590, the Alabama copy-cat bill that would force schools to report the immigration status of their students and parents, require police to check for papers at all stops, and require the arrest of individuals “suspected” of being undocumented. This legislation has been a disaster in states where it has already passed, and we cannot allow it to become law in Missouri.

The hearing is scheduled for 3pm on Tuesday, January 17 in the Senate General Laws Committee. It is very important that we have as many people as possible testify against this bill. If you or someone from your organization can be in Jefferson City to testify, please let me know ASAP. We will help prepare you before hand, and if necessary, we may be able to line up some car pools. If you cannot make it, please consider sending written testimony that we may turn in on your behalf. You can email me directly your comments if you cannot appear personally. Please include your name and address and if you are speaking on behalf of an organization please include the name and address of the organization and your position, if any. i am planning on appearing to testify against this live. Also let me know if you are interested in appearing live, even if you do not want to testify, a full hearing room with people who are against the bill is important too.

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Tags: Alabama, Immigration status of children, Missouri, public schools, SB590, Senate, Will Kraus .

Missouri Sen. Will Kraus submits a disgraceful, child hating, family and community destroying Alabama type bill.

Posted on January 4, 2012 by Angie Williams Posted in Comprehensive Immigration Reform, Immigration, Immigration Myths, Kris Kobach (KS Secretary of State), List of Shame, Missouri Senate, Politicians making things worse, Rep. Jerry Nolte (MO State Rep-R), Sen. Brian Nieve (MO State Senate-R), Sen. Will Kraus (MO State-R), State Based Immigration Laws, Wasting Money .

The Newest Appalling Senate Bill from Missouri

This is the newest version of idiocy out of the Missouri Senate. “all public elementary and secondary schools shall determine if students are born outside the United States or are the children of an unlawfully present alien at the time of enrollment by checking the original birth certificate or certified copy thereof. If it is determined that te child is born outside of the u tied states or is the child of an unlawfully present alien the United States the parents shall notify the school of the actual citizenship or immigration status of the child with documentation.

This gem was introduced by Senator Will Kraus From Eastern Jackson County. I am outraged to see that he has apparently won the “A Better Missouri for Children Award” from the Missouri PTA.  Apparently he only wants a better Missouri for English speaking children with 100% legal family members, those from mixed immigration status families or who don’t speak English are out of luck.  The Missouri PTA (Here is a link to their email, send them a note telling them so)  should revoke this award from someone who clearly cares noting about Missouri’s children.

This legislation is financially irresponsible seeing as though all similar legislation has been blocked by a variety of circuit judges across the country, and the Arizona bill, which doesn’t even go as far as targeting children, is suppose to be heard by the Supremes this term.  It is also going to devastate the Missouri economy just like it has in Alabama and Georgia.

It is also inhumane, unchristian (if you believe in that), uncharitable and down right mean.  It is exactly these types of toxic, hateful megalomaniacs that make politics so rancid.  People like Will Kraus, Brian Nieves, Jerry Nolte, Kris Kobach, who would propose such a bill that is meant to destroy families and communities and vilify and marginalize children deserve a special place in hell.  I can hardly see how they manage to look themselves in the mirror every morning knowing they are spending their lives destroying and tearing down rather than building up and healing.  They are a disgrace to public servants, to Missouri and to whatever religion they likely self righteously claim to be.

Anyone who is a teacher or a parent or knows a child should be appalled and outraged.  Below is the text of the bill and if you are not in the bathroom vomiting by the end see below for additional comments on other aspects that are disgraceful, unconstitutional, inhumane and poorly written.

“SB 590 – All public elementary and secondary schools shall determine whether enrolling students are born outside of the United States or are children of an unlawfully present alien at the time of enrollment by checking students’ original birth certificates or certified copies thereof. If it is determined that a student was born outside of the United States or is the child of an unlawfully present alien, the parent or guardian shall notify the school of the actual citizenship or immigration status of the child with accompanying documentation.

 The State Board of Education shall compile and submit an annual report to the General Assembly containing information regarding immigration classifications of enrolled students, numbers of participants in English as a second language programs, and the effects of education quality as a result of enrollment of unlawfully present aliens and the costs associated. Public disclosure of information which personally identifies a student shall be unlawful.

 Upon any lawful stop, detention, or arrest, law enforcement shall determine the citizenship and immigration status of the person if there is reasonable suspicion that the person is an unlawfully present alien. If an alien is determined by the federal government to be unlawfully present, the law enforcement agency shall cooperate in the transfer of the alien into federal custody.

 The act creates a Class C misdemeanor crime of willful failure to complete or carry an alien registration document if the person is unlawfully present and in violation of 8 U.S.C. 1304 or 8 U.S.C. 1306 which requires certain persons to carry alien registration documents, apply for alien registration, and be fingerprinted.

CHRIS HOGERTY”

 

Ok now that you are done reading this heinous excuse for a law, here are some technical things that I see wrong with this.

The First Paragraph:  Other than to strike fear in the hearts of parents, humiliate children and break the bonds of trust that exist between the school and the families they serve, this section serves no purpose.  It does not even pro port to do anything.  Just that the schools will now have to pry into the lives of the families.  It doesn’t say what they are to do with this information just that they have to ask for it.  The only point is to terrorize.  This is designed to scare undocumented parents out of the district.  It is designed to tell the children of these folks that they are less important and not worth educating.  The school in a local school district is sometimes the only trusted place some people have to go.  Number one, only an immigration judge can determine if someone is an “unlawfully present alien.”  Period.  Not the cops, not an ICE agent, Not a teacher or a principal.  When someone is put into removal proceedings they are issued a “notice to Appear” that has allegations on it (it is alleged that  (Insert person here) is: 1. Not a native or citizen of the United States, 2. Is a Native and Citizen of Mexico 3.  Entered the country at an unknown time in an unknown place without being inspected or authorized to do so.)  The hearing is meant to prove whether the allegations are true or false. Until an immigration judge has made that finding that those allegations are true a person’s status is not determined.

The Second Paragraph: The School Board now will have to report the immigration status of their students, the number of kids participating in ESL and apparently make assessments on how educating undocumented children degrades the quality of education.   This paragraph is also confusing (aside from its awkward wording and grammar) because I cannot tell if Kraus is implying that having ESL kids degrades the education of other students, or  if simply having an undocumented child listening to a lesson downgrades the educational experience for everyone.  It is also written in a way that suggest that having these undocumented children in the class can only negatively impact the “education quality.”  It assumes that these children hurt the educational experience of other children.  What a great way to educate children, lets make them feel inferior (the undocumented children) or superior and resentful (the non undocumented children having their school experience “ruined”).  Lets set up cliques by law.  Brilliant.

The Third Paragraph:  This same language has been found problematic time and again in other state immigration laws.  The police must determine the immigrate status (see above as to how this is impossible)  of anyone who they lawfully stop, detain or arrest when they have “reasonable suspicion” to believe the person is an “unlawfully present alien.”  Despite all the righteous indignation of Kris Kobach that “reasonable suspicion”  means something other than “brown and speaks with an accent” let’s not be dense.  Reasonable suspicion means exactly that: brown, accent speech/non english speaking.  I can assure you no one will ever have reasonable suspicion that I am an “unlawfully present alien” ever.  No cop will ever ask me to prove I am here legally because I am white.  (I could be Canadian, or from one of the many countries in Western Europe and be just as “unlawfully present” but I will never be asked.)

Finally, The last paragraph:  It is entirely unclear what this paragraph even says.  It appears to make it a class C misdemeanor for someone who is unlawfully present and in violation of 8 USC 1304 or  8 USC 1306.  1304 says you have to register and be fingerprinted and keep your address current by complying with the forms that USCIS has set up to do so, i.e. applying for either an immigrant visa or a non-immigrant visa. 1306 is the penalty section for these sections.  So I really don’t think you can be in violation of a section that just proscribes penalties and I think the intent of 1304 is to make sure that people renew their visas and residents cards and always carry them.  So if you are unlawfully present and don’t have your visa and/or resident card then you are guilty of a C misdemeanor?  And if you are legal and don’t have this documentation and are suppose to (technically this is a crime in the federal law but according to tracker only 11 people were even charged with this in 2011 and only 2 convicted,) you are not guilty of this crime?

This mish-mash of bad grammar, poor sentence construction, ambiguous ideas and improperly used terminology is yet another reasons why state legislature should not  be anywhere near immigration laws.

I beg you.  Please call or email your state senator and  rep and tell them this is disgraceful and will harm Missouri just like it has harmed Alabama and Georgia.  Please express your outrage for these children, legal or no, born to documented or undocumented parents.  Children should not be a battering ram in this fight.  Shame on you Will Kraus, winner of “A Better Missouri for Children” award.  You are a disgrace.

 

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Tags: Alabama, Brian Nieve, Children, Economy, Immigration, Immigration Status of Children in School, Jerry Nolte, Kris Kobach, Reasonable Suspecision, School, State Law, State Laws, Will Kraus .

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