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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.
USCIS – Temporary Protected Status Extended for Salvadorans.
Very Very Important, TPS Designation has been extended for Salvadorans. All Salvadorans with TPS MUST reregister no later than MARCH 12, 2012. This means that applications MUST be post marked on that date. If you do not reregister by this date you risk losing your TPS status and your right to live and work legally in the United States.
Applicants must file a form I-821 ($50 fee for a first time applicant and $85 for everyone else) and a form I-765 ($380). This will extend your right to work through for an 18-month period from March 10, 2012 to September 9, 2013. By the notice in the federal register all current TPS work authorizations for Salvadoran Nationals that expire on March 9, 2012 are automatically extended for 6 months to account for processing times to September 9, 2012.
If your employers are giving you trouble about this show them the USCIS Notice and the federal register.
Please pass this on to all Salvadoran Nationals who have TPS.
ILW.COM – immigration news: USCIS Announces Changes To I-130 Filing Locations.
Be Sure to Look at the Instructions after January 1, 2012 to confirm the address for filing I-130s because they are changing. In fact I would say look at the address each time you file an application, sometimes they sneak in a change of address and it isn’t publicized as well as it could be or, lets face it, maybe you ignored that email that day because of the zillion others you got from your various listservs. Anyways, while usually filing in the wrong place isn’t the big of a deal, i.e., immigration sends you back your packet all out of order, stamped up and stapled in weird places, if you are trying to file by a deadline (client is turning 21 soon for example) that delay can be deadly. Even when it is not a big deal, your client will get copies of the rejection letters too and it is a little embarrassing to have to explain that you mailed them to the wrong address. it undermines you as well even just a little bit, (IF she can’t even file the app in the right place how is she going to handle my case’s more complicated aspects is floating through the client’s head even if they do not say it.)