Another one bites the dust. Kobach’s ideas are dropping like flies.
Stay out of the schools
Excellent article because it clearly explains what the legal issues are surrounding the Arizona Law SB1070 and the similar laws that have sprung up all over the country. Below is a link to a pdf that briefs the issues.
Earlier this week I posted a series of emails between Mr. Kraus and a Missouri Resident who also is an ESL teacher in Missouri. This teacher contacted me after reading one of my blogs about SB590 and how it would be awful for her as a teacher and for her students and their families. I encouraged her to email the committee members. She did and the series of emails that I posted was the result. Feeling as though I could not let Mr. Kraus’ intentional ignorance of how difficult it is to determine the immigration status of someone I emailed him in response to the email he had sent the ESL teacher. I wanted to list that exchange. I have not received any other response from him after my last email. The bill passed form Committee as did the English Only DL bill showing that they are perfectly willing to completely ignore testimony and do what they want. Plus, judging from both his testimony and his comments in the emails, he clearly has not even read the bill. As you will see it is confusing, poorly written, and contradictory.
My email to him:
From: Angie Williams [mailto:email@example.com]
Sent: Wednesday, January 25, 2012 12:02 AM
To: Will Kraus
Subject: Your response to XXXXXXXXX regarding the simplicity of determining immigration statusI testified against your bill last Tuesday about the very things you address to XXXXXX in your recent email to her that she has been so kind as to forward to me. Since you either were not listening or Neither I nor the other attorney who testified about this issue were clear enough so I thought I would send you some concrete examples of why you are simply incorrect in your belief that one’s immigration status is easily determined, that it is not going to be a drain on resources to our schools and it is going to produce a meaningful number.Here is your response to her:
> You are right. I do not understand why it is a burden to be asked your immigration status. It is a simple fact, nothing more. You are either a citizen or not. If not, you are either documented or not. If you are documented showing that documentation is not a burden. If you are not, it is a simple answer to a simple question. Since we all agree federal law requires any child an education and since this bill prohibits any use of the information gathered other than to collect numerical data for DESE, I don�ft understand why anyone would be afraid of that process.
> The area undisputed is that lack of federal enforcement of current law costs Missouri taxpayers money. I don�ft believe attempts to quantify that amount are at all misguided.
> My door is always open,
> Will Kraus
Angela,It is simple.First, you seem to want to insert upon myself and this legislation things that are just not true. I have no desire to fix the federal immigration issue. That is the federal government’s job. I have no desire to create a list of twenty eight categories and the legislation does not ask for such. I have no desire to enter the (all too) complicated field of immigration law. And I have no desire to harm a single person. If you were willing to grant me those things we could start this discussion on more common ground. However you seem to assume I have negative intent, and that won’t get us anywhere.In your lists below, and I don’t have the time to answer each one, the answers are very simple. First we are only asking the current citizenship status of the CHILD. The parent’s status is not questioned or asked. If a child was born here they have a birth certificate and can be checked off as a citizen. If they are not citizens and have completed documents to be here legally they can be marked that way and show those documents, whatever they are. If they do not have completed documents, even if they are in the process, they are not here legally until those documents are completed.Will the data collected be full proof? Of course not, no data is. Will it give us a better estimate of costs than guesses provide by partisan groups? Certainly. The argument I have not heard, from any opposition, is that there is NO cost to taxpayers. Since there is a cost, I believe taxpaying Missouri families have a right to know what that cost is. You bring up morals but seem to only care about morality when it comes to helping non-citizens. I applaud those efforts from a moral (if not legal) perspective. I’m not sure why you can’t understand the moral argument on the other side that tries to protect families already here, many of whom are on the edge economically and just can’t afford the taxes they pay now, much less more.Angela, I’d prefer to not use guesses, but the closest guess I have heard is that illegal immigrants who live in Missouri cost the state over $300 million. That is $300 million that could go to education, social programs, and health care of OUR citizens. How is it moral to ignore that?My door is always open,Will KrausAnd here is mine to this email:
I actually do not think you have negative intent in that you are purposefully trying to pick on Hispanics, or Indians, or what ever other immigrant there is. What I am trying to point out is that your proposal is not a simple matter of looking at a utility bill. My point is that you are trying to come up with a number that does not exist and you are proposing that public schools, who are already very overburdened, be the ones to do it with no financial support to try to help. You first claimed that you are only trying to discover the citizenship status of the child and that the parent’s immigration status is not asked. but in the law it specifically says the school must determine if the child is born outside the jurisdiction of the United States or is the child of an alien not lawfully present. It says it twice in fact. I highlighted it below.
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
How else is it going to be determined if the child is a child of an alien not lawfully present unless the status of the parents is asked? In fact, what the statute asks is for the school to determine if the kid was born outside the jurisdiction of the US OR is the child of an alien unlawfully present in the US AND qualifies for ESL or other remedial services. So you are asking the school to determine if the child falls into one of 2 categories: 1. Born outside the Jurisdiction of the US or 2. Is the child of an alien unlawfully present and also qualifies for ESL or other remedial services.
The schools are suppose to do this by looking at a copy of the kid’s birth certificate. The problem with this is that looking at a birth certificate only shows the physical location of where someone was born. It does not give any indication if the child is a citizen (unless it is a BC from the US) or if the child is the child of a person unlawfully present and in need of ESL classes or Remedial classes. Finally, the law says that if it is determined that the kid was born outside of the US or is the child of an alien unlawfully present (now no qualification that they also have to qualify for ESL or other Remedial services like there is in the first paragraph) than it appears that section 3 asks the parents to provide the immigration status of the child under federal law within 30 days. This is where it is tricky because there are in fact situations where you are authorized to be here, yet have no official status nor any document to show you do.
Since the proposed law actually says under federal law than in order to comply there has to be a different method of counting those in between because they are in fact a class unto themselves. Your assertion that if they have completed paperwork but are not finished that they are not here legally is incorrect. Really there is not “legally” or “illegally.” There is in status and out of status, and having an application pending that gives you some immediate benefit while not conferring on you an actual visa classification is a status. Under immigration law if you have applied for extension of say you B1 tourist visa and that is being processed you are not considered out of status until the application is denied even if it is pending months after your original visa has expired. Similarly, a person who, for example, has applied for a VAWA application or a U visa or Asylum or Refugee status is in a protected status that is somewhere between. If they are denied their application they are for sure back to the out of status category, but while it is pending they are in a grey area that is really neither.
I say that because they are no longer at risk, baring a serious crime, of being put into removal proceedings. Once one of those application is filed for example there is a period of time that they continue to not be authorized to work but are not in danger of removal. After that period they will be allowed to apply for a work permit but are not in a category of immigrants yet because their application has not been approved or denied. With that work card they can get a social, driver’s license, work etc but they really do not have a status yet. So they will have documents showing they can stay here but no accompanying status designation. Maybe that doesn’t matter to you and you would count them as “illegal” anyways, but it is just not accurate and it is not what the proposed law seems to ask as it says that parents/guardians will provide the immigration status of the child according to federal law. Similarly, under federal law, unless an immigration judge has found an alien to be “unlawfully present” under a certain section of the Immigration and Nationality Act than he or she is not unlawfully present. Only an immigration judge is allowed to make that determination under federal law, so if the act requires that the school be notified of the immigration status under federal law the most the parent can do is say the child, entered without inspection, overstayed a visa or status pending. It is not the cut and dry answer you want but if you are going to use federal law as the basis then there is not going to be a cut and dry answer for many of the cases.
Secondly you also claim that the law does not ask for the creation of 28 categories but that a simple legal or no is all that it requires. However in this section below it specifically requires that the state board of education complete this annual report that provides data of lawfully present aliens by immigration classification, which means under what type of visa they have. That would mean that information would need to be provided by the schools. So all those Bs and Js and Ks would have to be determined.
. (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.
Similarly it goes farther and asks that these same categories be specifically applied to kids who qualify for ESL, so there will be a separate analysis for the ESL kids too.
47 shall also provide the number of students in each category
48 participating in English as a second language programs enrolled at such schools
It also says that the State board’s report must analyze the effect on the quality of education for other students that may have occurred, not that did, or that might occur in the future. How is that going to be determined? What if the effects on the quality of education is that all children are positively effected by going to school with students from other countries, thus exposing them to new cultures, languages and customs earlier in life making them better prepared for life in our international society and multi national world? The way this is written assumes that these kid’s presence effects education for the worst. Similarly I do no understand how these analysis can be made without some data from the classroom teachers, behavior of the children, problems with other students, time spent with them rather than citizens…
(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.
It also says that the report shall analyze the financial costs of providing these undocumented children with instruction, computers, textbooks, supplies, free or discounted school meals and extra curricular activities, which means that someone has to keep track of which “alien children unlawfully present in the US” are using at he very least non reusable supplies from the school, free or discounted meals and extra curricular activities. Unless you want the School board to just make up these numbers that means administration costs and monitoring costs at the school level.
) 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.
You also say that since there may be even a small cost, the tax payers of Missouri need to know how much and that this formula is going to provide a better number than those provided by “partisan” groups. This report will be no different than any numbers by any partisan groups because it 1. Does not take into account taxes paid by the family of the undocumented child (at some point the child of the alien unlawfully present as well as “child of alien unlawfully present and qualifies for assignment to ESL or other remedial program, incidentally, while ESL is mentioned again, the “other remedial programs is not is just dropped from the statute)2. It doesn’t take into account any personal funds paid to the school for textbooks, extracurricular activities, field trips, fund raisers etc. 3. It inaccurately counts and improperly defines unlawfully present aliens. It is written in a way that presupposes 1. a negative effect in the quality of education for citizens (doesn’t mention or seem to care about those immigrants who have a status with a card to match) 2. a $0 contribution on the part of the unlawfully present student’s family in taxes and money given directly to the school.
It also tells the state board to make up some criteria for determining how unlawfully present aliens impact education for citizens (again not all legal student). In both cases it directs them to contract with reputable scholars to make this stuff up or analyze the data and prepare reports. So it is going to cost money at the state level to compile all this data and present it to the assembly as well as cost the schools money, time and resources to get the first level of data to the state board. That is alot of money to be spent to create a report that does not state a number any more accurately than all of these partisan reports that you claim to have. So, even using your $300 million dollar number, which I have never heard, and I eat sleep and breath this subject, we are now using this amount to educate them and adding all the costs of each school district in compiling and the state board in hiring experts to create criteria to measure how one child negatively impacts another by virtue of a status your formula may not even have gotten right and then making guesses on how it may have already effected the quality of education, how it MIGHT effect it in the future, writing all that up and presenting it to the general assembly then instituting that criteria they have been mandated to develop in all the schools. Not to mention the fact that you are not calculating the cost to Missouri tax payers of litigating this issue in federal court because we will get sued, not only by pro immigration groups and civil liberty groups like the ACLU but also by the Justice Department.
Putting aside the wisdom of this kind of law and feelings about immigration, I cannot for the life of me understand why it is being proposed when it is still being litigated. Here is a scenario that might put it into more perspective, your neighbor ripped off the side of his house to build a huge edition, spent tons of money of plans, materials and did so because the local “expert” on land use and permits told him he could do it without a permit or variance because in his untested interpretation he didn’t need one. After your neighbor has spent all this money and time and resources and got half way done, the city comes in and issues an injunction saying he has to stop because the “expert” is wrong about his untested theory. Your neighbor now has to spend more money on legal fees to fight this. You see his addition and think you would like to build one just like it so you go to him to find out who did his work, drew the plans etc. He then tells you about all the legal problems he is having with it and tells you about his untested theory as to why he is right. Maybe you agree with his interpretation, maybe not, maybe you think he might have a point but it could go either way. Whatever you opinion is, I bet you don’t choose to start ripping walls off of your own house and spending a ton of money just like your neighbor knowing you too are going to get sued, and have to stop in the middle and then spend a bunch of money on lawyers. I bet you wait and see how his own litigation turns out. If you wouldn’t do that with your own money why are you willing to do it with the tax payers you are so sure you are protecting. If nothing else it is so fiscally irresponsible to propose something you are 100% sure is going to end in a law suit that will cost millions. That is a number you can accurately predict and is readily available because you can simply look at Arizona, Georgia, South Carolina and Alabama. Let them fight it out and pay for it, when the dust clears if you are still so sure that money needs to be spent to study something that cannot be changed by the states then write a law that is in accordance with what the Supreme Court decides. Missouri is not going to be a trail blazer in anti-immigrant state laws with this bill because it has all, every word, already been tried and enjoined and is currently being litigated.
So far this plan only seems to spend more money and give nothing in return. Even if we assume it will give an accurate number…so. Federal law says that all children get to go to school no matter their status. It comes to nothing except spending more money. Since you also brought up morally, I am very interest in helping all people, immigrants and citizens. It is why I am writing another too long email to someone who probably isn’t going to be swayed at 1 am. Our current national discourse on immigration is not good for anyone. Not legal immigrants, “illegal” immigrants, citizens or any of those status’ in between. It is not good for our nation, for race relations, for our appearances to the rest of the world or for our economy. One of the reasons that this kind of law so angers me and so scares me is because it is going to produce a number (one I think is meaningless, but lets assume it can be given some legitimacy) that is going to be used to further polarize this discussion. If the number comes up with some astronomical amount that we as Missourians are allegedly spending to educate undocumented children and some made up criteria that shows immigrants have a negative impact on the education of citizens it is going to further anger people, make them more intolerant to immigrants or those perceived to be immigrants and more dug in about not discussing reform. If it produces a number that is very low because, say the person we contract with actually takes into account what each immigrant family pays, and makes and evaluation that shows having many cultures in a school is a positive impact on students and the undocumented children are class leaders, act no different than the other kids and are an asset to a school and a school district, that report will be disregarded out of hand as clearly biased and skewed in favor of liberals. It is a no win situation unless what you really want is to create an environment so hostile that no immigrant wants to come here. Then it will work wonders.
believe it or not I do not want amnesty for all undocumented people. I want a system that wasn’t designed in a time when it was a HUGE deal to make an international phone call much less travel internationally. The fact that I can get on a plane within a few hours and travel to the farthest point away from Kansas City in less than 2 days and for less than my monthly mortgage or that I could order a t-shirt from that same distant place right now on the internet and have it by Friday afternoon means we have a different world and a system that desperately needs to be updated to reflect that. I know you said that you have no interest in fixing federal law because it is their job, but the problem is that this exact kind of law is what is keeping them from doing anything. Every time there has been discussion of reform since GW Bush it has been shot down by the 100% secure borders and enforcement only crowd. That is just never going to happen. We are never going to have 100% secure borders, we are never going to deport all 11 million undocumented people. If we want to fix this problem we need to be discussing solutions not pipe dreams. This type of legislation just gets people all riled up about this issue and unable or unwilling to discuss compromise or an actual workable solution. Whatever the number is, its not going to do anything positive to help Missouri nor the larger issue of our immigration problem.
It will just keep people angry and unthinking. I want this problem to have a solution. I want there to be reform that 1. Protects our national security interests 2. Promotes and allows businesses to easily recruit the best and the brightest and most degreed and talented people from all over our world to come work for our companies in this country developing the next ipad or smart car 3. Promotes and Allows businesses that need unskilled labor that they cannot find in the US to easily recruit out of the US 4. Provides avenues for these businesses to make those workers that are contributing to our economic growth a way to become permanent residents in an reasonable amount of time. 5. Values and protects the sanctity of the family by not forcing families to wait for 10+years for visas or remain separated for 10+ years 6. Acknowledges that there are people in this country that have been here for years and years, that are not committing crimes, running businesses, raising good children, working contributing paying taxes and finding some way to allow them to obtain legal status. I want to be able to deport all the criminals and have ICE agents spending the majority of their time catching traffickers and the like. I want to have those who deserve it regulate their status and pay whatever to do so. But right now and for the past 5 years or more our only discussion has been no discussion until 100% enforcement. That is just never going to work.
If you really want to save the tax payers money the push for change not a law that is going to cost a ton and give us nothing. Again I have only discussed the school. Look at Chicago’s recent decision not to hold ICE prisoners anymore because of the millions of dollars it was costing the city.
Finally, and this is the last thing I promise, well for now, while there is a provision that it shall be unlawful to disclose this information, there is no penalty for doing so. This is a very emotional issue and this kind of information in the hands of someone who does in fact have evil intent could be very dangerous to the family, the child, the other students, other people of the same race or other immigrants in general. It would just take one slip of the tongue or misplaced statement and and we could have a disaster. The fact that Senators came in yesterday to find gun targets on their doors proves that there is violence just barely contained under the surface of many people, especially on this subject. Google news articles on immigration and read the comments. They are violent and hateful. This information will end up hurting someone and there is nothing in this law that remedies that.
I do understand wanting to protect people who are on the edge as you say, but this is not going to do that. It is going to cost money in collecting this information, putting together these reports, establishing all these criteria, housing all these people waiting for ICE, prosecuting people for not having documents (I didn’t discuss that section either, but there are some real technical problems in the wording), and in the law suits that will follow if it is passed. For what? What is actually achieved by this study? A number that is inaccurate? More resentment against immigrants? Violence as a result? Maybe they will keep the kids home then there will be the social cost of having all these uneducated kids, or unsupervised kids at home afraid to go to school. Maybe they will move out, causing business to close and jobs to be left vacant. It happened in Alabama and Georgia it will happen here. This is just not the answer.
I hope that further explains my position and maybe even opens a dialogue. I was assuming that the intent was, as I said deportation by attrition or self deportation because other states that have done the same thing have openly said as such. I did not mean to imply that it was because you hated immigrants.
I would welcome further thoughts. And, actually I am very impressed that you even answered. Thank you for taking the time to do so, even if it was an aid that answered, it is the only non canned “thank you for contacting my office” response I have gotten.
Angela L. Williams1 Like
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.
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.
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.