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Immigration and Education

 

Minnesota State Constitution

Article XIII; Sec. 1: “Uniform system of public schools – The stability of a republican form of government depending mainly upon the intelligence of the people, it is the duty of the legislature to establish a general and uniform system of public schools. The legislature shall make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state.”


Shari Prest
President
ARK Associates

Our world and state and even our homes are, always have been, and will continue to be places of constant change. Among the many current and significant changes for public education is the shifting demographics in our schools. The role of school leaders is to apolitically provide an equitable school system within which all students have the opportunity to thrive.

The goal of this article is two-fold; first, to provide accurate—albeit limited—data about immigration; and second, to examine how educational leaders can foster the academic and social success of all students.

MODERN HISTORY

October 2015 marks the 50th anniversary of the seminal Immigration and Nationality Act of 1965 (the Hart-Celler Act) which was widely supported by both Democrats and Republicans in Congress. The act ushered in far-reaching changes “that continue to undergird the current immigration system, and set in motion powerful demographic forces that are still shaping the United States today and will in the decades ahead.” One of the main components of the Hart-Celler Act aimed to abolish the national-origins quota. The Act eliminated national origin, race, and ancestry as basis for immigration. 1

The Hart-Celler Act marked a change from past U.S. policy which had discriminated against non-northern Europeans. In removing racial and national barriers, the Hart-Celler Act significantly altered the demographic mix in the U.S

FACTS

According to the U.S. Supreme Court’s Plyler v. Doe decision, all students—regardless of immigration status—have the right to a public education in K-12 schools. Further, according to the Family Educational Rights and Privacy Act (FERPA) schools have no legal obligation to turn over information about students or their families to federal immigration officers without a warrant, subpoena or court order.

RECOMMENDATIONS

There are however, additional challenges inherent in providing equitable public education opportunities to an increasingly diverse population. Language and/or cultural barriers as well as the legal status of students and families may interfere with students’ ability to learn and thrive in a public school. All students, regardless of race, religion, gender, sexual preference, or ethnicity, require healthy family and peer support to thrive.

“Immigration has long supported the growth and dynamism of the U.S. economy. Immigrants and refugees are entrepreneurs, job creators, taxpayers, and consumers. They add trillions of dollars to the U.S. gross domestic product, or GDP, and their economic importance will only increase in the coming decades as America’s largest generation—the baby boomers—retires en masse, spurring labor demand and placing an unprecedented burden on the social safety net.”4

  1.  Migration Policy Institute, 2015, Fifty Years On, the 1965 Immigration and Nationality Act Continues to Reshape the United States, Muzaffar Chishti, Director of MPI’s office, New York University School of Law. Faye Hipsman, Policy Analyst and California Program Coordinator, MPI’s U.S., Immigration Policy Program. Isabel Ball, Intern, MPI’s Regional Migration Study Group and U.S. Immigration Policy Program.
  2. Ana Gonzalez-Barrera, “More Mexicans Leaving Than Coming to the U.S.” (Washington: Pew Research Center, 2015)
  3. American Immigration Council, “Strength in Diversity: The Economic and Political Power of Immigrants, Latinos, and Asians” (2015)
  4. Center for American Progress, Facts on Immigration Today 2017 Edition
  5. Minnesota Department of Education LEAPS Act, 2014
  6. Michelangelo Landgrave and Alex Nowrasteh, “Criminal Immigrants: Their Numbers, Demographics, and Countries of Origin.” (Washington: Cato Institute, 2017)
  7. Bureau of the CensusHispanic or Latino Origin by Race: 2015 American Community Survey 1-Year Estimates, U.S. Department of Commerce, 2016
  8. Sandra L. Colby and Jennifer M. Ortman. March 2015, Projections of the Size and Composition of the U.S. Population: 2014 to 2060, (www.census .gov)
  9. PEW Research Center, PEW Hispanic trends study, September 29, 2017

These materials are provided by The Minnesota Association of School Administrators

For additional information on this or other INVESTMN materials,

contact Shari at sprest@arkassoc.com, 952-255-8394,

19227 Ingleside Court, Lakeville, MN 55044

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